Most workers who come to Canada to work on farms under the federally regulated Seasonal Agricultural Worker Program (SAWP) or Temporary Foreign Worker (TFW) program intend to return home when their work permit expires. In fact, most workers look forward to returning home each year to their family and friends.

Occasionally, some workers will seek permanent resident status and end up staying full-time here in Canada. Workers are entitled to apply for permanent residency just as anyone else from outside of Canada and are subject to the same eligibility conditions. Having Canadian work experience is often considered a significant advantage in eligibility under Canadian immigration programs.

On the other hand, there is a group of workers who find themselves in a more precarious situation: undocumented workers. These individuals are working in Canada without legal authorization. Many of them initially entered the country legally but overstayed their permits. While this represents a violation of Canadian immigration law, it also comes with significant downsides and risks to the workers since they are no longer on the radar of provincial and federal government officials who would normally monitor and enforce their rights and protections.

The TFWP is designed to give the international farm workers all the tools so that they return home after their work term in Canada is completed. For instance, farm employers are obligated by law to arrange for the worker’s return flight home and to cover the cost of the airline ticket.   Of course, there’s a wide variety of personal reasons that may lead a worker to go down the road of overstaying a permit – but it’s important to remember that the decision to remain in Canada without authorization is made by the worker themselves and that it is neither a feature of the programs nor a decision by the employer.

There are legal ways for workers to stay past their original work permit. Canada’s immigration regulations give workers who wish to move to a new job while in Canada, or who wish to extend their work permit the option to apply for a new work permit within Canada. Applications are assessed on a case-by-case basis by Immigration, Refugees and Citizenship Canada.

One of the major goals of farmers using the SAWP and TFW program is to uphold the integrity of these programs. This means ensuring all government regulations, inspections and rules are enforced, while workers in these programs are treated with respect and care. For this to happen, workers must be on farms legally with the proper authorization. Ultimately, there can be unfortunate consequences facing the safety of those not in the country on a legal work permit.