Temporary Foreign Worker Advisory Office Overview
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  • 1. Temporary Foreign Worker Advisory Office Overview Human Services Temporary Foreign Worker Advisory Office 1
  • 2. Overview: Temporary Foreign Worker Advisory Office The Government of Alberta opened the Temporary Foreign Worker Advisory Office and Temporary Foreign Worker Helpline in December 2007 The Advisory Offices are the first of their kind in Canada There are two Advisory Offices in Alberta; one in Calgary and one in Edmonton Advisory Offices were established to ensure TFWs are aware of their Rights and Responsibilities Human Services Temporary Foreign Worker Advisory Office 2 2
  • 3. TFW Program at a Glance Step 1. Employer submits a Labour Step 2. Service Canada reviews Market Opinion (LMO) LMO and provides a positive response to Service Canada justifying hiring Temporary Workers Step 4. Step 3. Temporary Foreign Workers Employer can now complete a LMOcan now apply for a Work Permit contract for a TFW stating to work for LMO employer only hours of work, wages, etc…Note: The TFWAO does NOT have a current LMO Employer list Human Services Temporary Foreign Worker Advisory Office 3 3
  • 4. Who Are Our Clients? Temporary Foreign Workers Employers of TFWs Recruitment Agencies/Brokers Immigrant Serving Agencies Federal, Provincial and Municipal Partners Concerned citizens Human Services Temporary Foreign Worker Advisory Office 4 4
  • 5. Who We Are & What We Do The TFWAO has a Director, seven advisors and two intake officers and a business manager Our knowledgeable individuals have previous working experience as Career & Employment Consultants, Immigration Consultants, Labour Attraction – Immigration Specialists, Settlement Services and CIC officers With our extensive background, we are able to respond to inquiries, provide information about a wide range of topics and to deliver services Human Services Temporary Foreign Worker Advisory Office 5 5
  • 6. First Contact – Intake Officer Intake Officers (IO) are the first point of contact at the TFWAO. Whether it is an email, a phone call, a third party referral or a walk-in client Our intake officers do a Service Needs Determination to determine the service required by the client If the IO identifies that the TFW requires level 2 service, the IO then assigns the client to the appropriate advisor Human Services Temporary Foreign Worker Advisory Office 6 6
  • 7. How We Do BusinessAdvisors have rotational responsibilities: We have a Booked Appointment (BA) advisor whose sole responsibility is to see clients for the month We have a Booked Appointment 2 (BA2) advisor who is responsible for Action Requests, Briefing Notes or walk-in clients in addition to covering for absences (i.e.: training, vacation or any kind of leave) The Outreach Coordinator (ORC) is responsible for coordinating presentations in rural and urban areas, delivering presentations, seeing clients in rural areas as well as hospitals and reaching out to different communities to offer services. These can be churches, mosques, ethnic communities, etc… The TFWAO has no enforcement authority; however, we work closely with agencies that do Note: The majority of our enforcement referrals are to Employment Standards Human Services Temporary Foreign Worker Advisory Office 7 7
  • 8. 8
  • 9. Federal & Provincial PartnersPROVINCIAL FEDERAL PARTNERS PARTNERS Employment Standards  HRSDC – Service Canada Service Alberta  CIC – Immigration Workplace Health & Safety  CBSA – Canada Border Workers Compensation Board Services Agency Human Rights Commission Apprenticeship Immigrate to Alberta Information Services Human Services Temporary Foreign Worker Advisory Office 9 9
  • 10. ES Referrals for Enforcement Employment Standards is responsible for enforcing Employment Standards Code and Employment Standards Regulations in the workplace for employees and employers TFWs have the same rights and responsibilities as other Albertans If the client is afraid to pursue the complaint, the advisor pursues a third party complaint after assessing the impact of this action on the client Referrals for investigations often result in multiple complaints Human Services Temporary Foreign Worker Advisory Office 10 10
  • 11. SA Referral for Enforcement Service Alberta is responsible for enforcing Alberta’s Fair Trading Act and the Residential Tenancy Act Under the Alberta Fair Trading Act, any business acting as an employment agency must have a provincial employment agency business license An employment agent/agency cannot charge a worker a fee to find them employment Human Services Temporary Foreign Worker Advisory Office 11 11
  • 12. WHS Referral for Enforcement Workplace Health and Safety (WHS) is responsible for enforcing the Occupational Health and Safety (OHS) Act, Regulations and Code to protect and promote the health and safety of workers When an advisor identifies a possible violation of WHS code, the WHS 24 hr hotline is contacted with the client in order to get information and direction on the situation Based on the information provided, WHS determines whether the situation needs immediate attention (24 hrs) or if it can be investigated within a 2-week timeframe Human Services Temporary Foreign Worker Advisory Office 12 12
  • 13. WCB Referral for Enforcement WCB is responsible for assisting workers who are injured at work A TFW is covered once they’re within Alberta borders TFWs are referred to WCB once they report that they were injured at the workplace Once TFWs have a case manager, advisors often result in becoming the TFW’s representative by completing a WCB form that allows WCB case managers to discuss the TFW’s WCB information and action plans In most cases it is easier to assist TFWs in this process as they typically don’t know their rights and feel that they’re inconveniencing their case managers Human Services Temporary Foreign Worker Advisory Office 13 13
  • 14. Federal Partners Service Canada reviews and processes employers’ Labour Market Opinion applications considering the National Labour Market Citizenship and Immigration Canada manages immigration policies and programs including the issuance of Work Permits Canada Border Service Agency is responsible for providing integrated border services that support national security and public safety Note: The Temporary Foreign Worker Program is a federal program Human Services Temporary Foreign Worker Advisory Office 14 14
  • 15. TFWAO Enforcement StatisticsJanuary, 2011 to December, 2011 Citizenship & Immigration Canada – 32.3% Employment Standards – 24.7% Service Canada – 20.0% Service Alberta – 7.8% Alberta Human Rights – 7.0% RCMP or other Police – 5.1% Workers’ Compensation Board – 1.6% Workplace Health & Safety – 1.5% Human Services Temporary Foreign Worker Advisory Office 15
  • 16. Referrals to Non-Enforcement Agencies Our office also refers to non-enforcement agencies such as: Immigrate to Alberta Information Services Service Providers: Lethbridge Family Services Apprenticeship and Industry Training Board Labour Market Information Centres Employment Insurance benefits, Calgary Legal Aid, Supports Services for TFWs, etc… Note: Our office does NOT refer TFWs to apply for IS benefits Human Services Temporary Foreign Worker Advisory Office 16 16
  • 17. TFW Resources Guide For TFW Employees  Fourteen Languages: English, Chinese, French, German, Hindi, Korean, Polish, Punjabi, Romanian, Spanish, Tagalog, Thai, Ukrainian, Vietnamese http://employment.alberta.ca/Immigration/6599.html (rc)  Outlines TFWs’ rights and responsibilities while working and living in Alberta  Provides contact information for support services and resources useful for TFWs Human Services Temporary Foreign Worker Advisory Office 17
  • 18. TFW Resources Guide For Employers of TFWs  Outlines Employers’ rights and responsibilities while employing TFWs in Alberta http://employment.alberta.ca/Immigration/4545.html (rc)  Discusses Contracting with an Employment Agency  Support Services for Employers and TFWs  Alberta Immigrant Nominee Program (AINP)  Checklist for Employers for TFW’s first day at work Human Services Temporary Foreign Worker Advisory Office 18
  • 19. Other Resources Welcome to Alberta: Outlines initial settlement related information for new comers to Alberta Hiring and Retaining Foreign Workers : Outlines TFW processes, recommendations on TFW retention and information around nomination for permanent residence A Guide to Rights and Responsibilities in Alberta Workplaces booklet : publication can help find answers to questions about employment standards, health and safety, human rights and workers compensation procedures Human Services Temporary Foreign Worker Advisory Office 19
  • 20. Important Information for TFWs No one has the authority to deport or remove a TFW except Citizenship and Immigration (CIC) and Canada Border Services Agency (CBSA) A TFW has the right to legally stay in Canada until the day their work permit expires regardless if they are working or not The government of Alberta established the TFWAO to make TFWs aware of their Rights and Responsibilities Human Services Temporary Foreign Worker Advisory Office 20
  • 21. Permanent Residence in Canada CIC makes final decision FEDERAL PROVINCIAL Alberta (AINP) Manitoba Federal Skilled Worker Newfoundland & OntarioCanadian Experience Class Labrador Saskatchewan British Columbia Sponsorship In-Canada Spouse/Common-law Cl ass OR Family Cl ass New Brunswick Nova ScotiaInvestors, Entrepreneurs, Self-employed Prince Edward Yukon Island Quebec-selected Northwest skilled workers Territories Human Services Temporary Foreign Worker Advisory Office
  • 22. Alberta Immigrant Nominee Program Employer -Driven Family Self-Employed Strategic Recruitment Stream Farmer Stream StreamSkilled Worker International Graduate Semi-skilled Compulsory and Engineering US Visa Worker Optional Trades Occupations Holder Since August 23, 2010, the AINP is not accepting applications under the Family Stream or under the US Visa Holder category. Human Services Temporary Foreign Worker Advisory Office
  • 23. Contact Immigrate to AlbertaInformation Service by Phone Monday to Friday: 10:00 to 16:30 Mountain TimeToll-free within Alberta: 1-877-427-6419 Outside Alberta: 780-427-6419 Human Services Temporary Foreign Worker Advisory Office 23
  • 24. By Email Specific questions can be sent to immigration.info@gov.ab.ca Family Stream - Alberta Immigrant Nominee Program family.stream@gov.ab.ca Website http://www.albertacanada.com/immigration/immigrating/ ainp.aspx Human Services Temporary Foreign Worker Advisory Office 24
  • 25. Other Contacts You may submit additional documents or changes to your AINP application by mail or fax as indicated below. Make sure to quote your file number, your full name, the name of your Alberta employer or your Alberta relative (if applicable). Alberta Immigrant Nominee Program Suite 940, Telus Plaza North Tower 10025 Jasper Avenue Edmonton, Alberta T5J 1S6 Fax Number: 780-427-6560 Human Services Temporary Foreign Worker Advisory Office 25
  • 26. Using an Immigration Lawyer or Immigration Consultant Immigration consultants, lawyers, and other representatives give immigration advice and help to visa applicants, usually for a fee. You do not need to hire an immigration consultant. It is up to you. Your application will not be given special attention or guaranteed approval if you use a consultant. Human Services Temporary Foreign Worker Advisory Office 26 26
  • 27. Representatives Paid Representatives Only the following people may charge a fee to represent or advise you on immigration and refugee matters with the Government of Canada:  Lawyers who are members in good standing of a Canadian provincial or territorial law society  Immigration consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council Human Services Temporary Foreign Worker Advisory Office 27 27
  • 28. Representatives Unpaid Representatives A person or organization who does not charge a fee for their service may also represent you. For example:  a family member or friend  a member of a non-governmental or religious organizationSource:http://www.cic.gc.ca/english/information/representative/index.asp Human Services Temporary Foreign Worker Advisory Office 28 28
  • 29. Support Services for TFWs Human Services has contracted six support service agencies for TFWs including Calgary Catholic Immigration Society There are other non-contracted support services like the Women’s Shelter, Calgary Workers Resource Centre, Calgary Immigrant Womens Association, Calgary Food Bank, Calgary Homeless Shelter, and ethnic communities who play an important role in assisting TFWs There are also non-contracted support services in rural areas. Human Services Temporary Foreign Worker Advisory Office 29 29
  • 30. Contracted Support Services for TFWs 1. Calgary Catholic Immigration Society The main role of Brooks and CountySupport Services is 2. Immigration Servicesto assist Temporary 3. Lethbridge Family Services – Foreign Workers in Immigrant Services the process of 4. Red Deer - Catholic Social Services adapting to living 5. Edmonton CSS/Mennonite and working in Centre for Newcomers Alberta. 6. Fort McMurray – Y.M.C.A – Wood Buffalo – Settlement Development Program Human Services Temporary Foreign Worker Advisory Office 30 30
  • 31. LocationsThe TFWAO provides a province-wide service with Edmontonserving northern Alberta and Calgary serving southern Alberta.Each office is located on bus routes for easy access. North Location South Location 3rd Floor, City Centre 6th floor, JJ Bowlen Bldg 10242 – 105 Street 620 – 7 Avenue SW Edmonton, AB T5J 3L5 Calgary, AB T2P 0Y8 T. (780) 644.2584 T. (403) 476.4540 F. (780) 643.0668 F. (403) 476.4542 tfwadvisory.office@gov.ab.ca Human Services Temporary Foreign Worker Advisory Office 31 31
  • 32. Questions Human Services Temporary Foreign Worker Advisory Office 32