In a significant policy shift, Immigration, Refugees and Citizenship Canada (IRCC) announced the termination of a temporary public policy effective immediately on August 28, 2024. This policy had previously permitted visitors within Canada to apply for work permits directly from within the country.
Background of the Temporary Public Policy
Introduced in August 2020 amidst the global upheaval of the COVID-19 pandemic, this policy aimed to assist visitors stranded in Canada due to travel restrictions. It allowed them to apply for work permits without the need to exit the country. Furthermore, foreign nationals who had held a work permit within the past 12 months and had since switched to a visitor status could also apply to legally work in Canada while awaiting the outcome of their new work permit applications.
This measure was initially set to expire on February 28, 2025. However, in a move to recalibrate the balance of temporary residents and uphold the integrity of the immigration system, IRCC has decided to end it prematurely. This decision also comes in light of concerns that the policy was being exploited by some to mislead foreign nationals into unauthorized work in Canada.
Implications for Visitors and Employers
While this policy provided a critical lifeline for many during the pandemic, allowing them to support themselves and contribute to sectors experiencing labor shortages, such as agriculture and healthcare, its closure marks a return to more stringent work permit application processes. Visitors currently in Canada who might have benefited from this policy now face the need to leave the country to apply for a work permit conventionally.
IRCC has assured that all applications submitted prior to the policy’s cessation on August 28, 2024, will still be processed under the old guidelines. However, moving forward, new applicants will need to adhere to the standard requirements.
Types of Work Permits in Canada
For those looking to understand their options, Canada offers two primary types of work permits:
- Employer-specific Work Permit: This permit is linked directly to the employer who extends the job offer. It specifies the employer you can work for, your work duration, and, if applicable, your work location. To apply, you need:
- An employment contract.
- A Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment number, which employers must provide through the Employer Portal.
- Open Work Permit: This permit allows you to work for any employer in Canada, with specific exceptions, such as employers who fail to meet certain conditions or those offering jobs in the adult entertainment industry. Open work permits are generally issued under specific circumstances only.
Special Considerations for Family
If you plan to bring your family with you, there are provisions for them as well. Your spouse or common-law partner and dependent children might qualify to work, study, or reside in Canada during your employment period. This ties closely with the process for sponsoring a partner, which allows them to obtain their work or study permits, facilitating family unity while you work in Canada.
Need Assistance? Contact Hummel Law
Navigating the complexities of Canada’s work permit requirements and the recent changes can be challenging. If you have received a removal order or need guidance on applying for a work permit and the implications of the recent policy change, Hummel Law is here to help. Our expertise in Canadian immigration law can provide you with the support needed to understand your options and ensure compliance with the current regulations. Contact us today to secure your status and continue your contributions to Canada’s economy.
