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

Aug 21

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:

Western provinces and territories: ESDC.WT.TFWP-PTET.WT.EDSC@servicecanada.gc.ca
Ontario: ESDC.ON.TFWP-PTET.ON.EDSC@servicecanada.gc.ca
Quebec: EDSC.QC.PTET.INFO-INFO.TFWP.QC.ESDC@servicecanada.gc.ca
Atlantic provinces: ESDC.ATL.TFWP-PTET.ATL.EDSC@servicecanada.gc.ca

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.