Holthe Immigration Law | Reporting Missing Temporary Foreign Workers and Addressing Immigration Violations: Employer Advisory

At Holthe Immigration Law, we understand the importance of staying informed about the Temporary Foreign Worker Program (TFWP) and the necessary steps to take when a temporary foreign worker (TFW) goes missing. This blog post aims to provide you with essential information on how to report a missing TFW and address potential immigration violations.

When is a TFW Considered Missing?

A TFW is considered missing when they fail to report to work without explanation and there is evidence suggesting they do not intend to return. Alternatively, if a TFW does not return to the workplace within a reasonable time frame, they are also considered missing. This situation requires prompt action to ensure the safety of the worker and address any potential violations.

Reporting a Missing TFW to Service Canada

As an employer, it’s crucial to report a missing TFW to Service Canada as soon as possible. This step is integral to ensuring the well-being of the worker and maintaining program integrity. When reporting a missing TFW to Service Canada, employers should prepare an email containing specific information, including:

• LMIA number(s)

• Employer name/Business Number

• Name(s) of departed TFW(s)

• Departure date

• Physical work location

• Details on how TFW(s) left

• Any other relevant information

Depending on where your Labour Market Impact Assessment (LMIA) was processed, send the email to the appropriate email address:

Addressing Immigration Violations

If you suspect immigration violations such as human smuggling, human trafficking, overstay, or working without authorization, it is important to report a missing TFW to the Canada Border Services Agency (CBSA) as soon as possible. Employers can report such incidents through the following methods:

• Use the secure online form: Report suspicious activity online

• Call 1-888-502-9060 from Monday to Friday, 9 a.m. to 9 p.m., Eastern time. Toll-free from Canada and the U.S.

Understanding TFW Rights and Responsibilities

When considering whether to report a TFW as missing and assessing potential immigration violations, keep the following points in mind:

• A TFW has rights similar to those of Canadians and permanent residents, including the right to quit their job before their contract ends.

• TFWs can remain in Canada as long as their temporary residence visa is valid, even if they quit their job or their work contract concludes.

• TFWs must adhere to the conditions of their work permit, including working for the designated employer unless they apply for a change of work permit as required by Immigration, Refugees and Citizenship Canada (IRCC).

• Under the Seasonal Agricultural Worker Program (SAWP), TFWs can work for other SAWP employers by following the transfer process outlined in their contract. This does not necessitate a new work permit. However, SAWP workers can also apply for a change of work permit to seek employment outside the SAWP.