IRCC Revokes Public Policy

September 9, 2024

Immigration, Refugees, and Citizenship Canada (IRCC) has revoked the public policy that enabled certain visitors to apply for employer-specific work permits from within Canada. Effective August 28, 2024, any new applications submitted under this policy will no longer be processed, signaling a shift in Canada’s immigration strategy post-pandemic.

This public policy was first introduced on August 24, 2020, as a response to the COVID-19 pandemic. With global travel restrictions in place, many temporary residents were unable to return to their home countries, and Canadian employers faced acute labor shortages, particularly in sectors such as healthcare, agriculture, and food services. To address these challenges, the public policy allowed certain foreign nationals who were already in Canada as visitors to apply for an employer-specific work permit without needing to leave the country.

This measure proved beneficial for both employers and temporary residents by easing the process for filling labor gaps and providing opportunities for visitors to work legally in Canada. The policy also permitted eligible visitors who held a valid work permit in the 12 months preceding their application to receive interim authorization to work while awaiting the outcome of their new work permit application.

The public policy included several critical provisions that helped visitors transition to work permits:

1. Application from Within Canada: Normally, foreign nationals would have to apply for a work permit before entering Canada or leave the country to submit their application. This policy allowed them to apply directly from within Canada, simplifying the process.
2. Exemptions from Specific Conditions: The policy exempted eligible applicants from certain regulatory requirements, including the condition that foreign nationals must have complied with all conditions of their temporary resident status to be issued a work permit.
3. Interim Authorization to Work: Eligible former work permit holders could receive interim authorization to work for their new employer while waiting for their work permit application to be processed, provided they met specific criteria. This provision was particularly beneficial for those who had lost their jobs during the pandemic and needed to start new employment promptly.

Eligibility Requirements

To qualify under this public policy, applicants had to meet specific conditions:

1. Eligibility for a Work Permit:
   • Be in Canada with valid temporary resident status as a visitor.
   • Have a job offer supported by a Labor Market Impact Assessment (LMIA) or be exempt from the LMIA requirement.
   • Submit an employer-specific work permit application electronically before the policy’s expiration date.
   • Maintain their temporary resident status throughout the application process.
2. Eligibility for Interim Authorization to Work:
   • The applicant must have held a valid work permit in the 12 months before applying under this policy.
   • They must intend to work for the same employer and in the same occupation as specified in their new work permit application.
   • Submit a request to the IRCC for interim authorization to work while awaiting a decision on their new application. 

This policy’s expiration marks a return to pre-pandemic norms for work permit applications. Moving forward, visitors wishing to work in Canada must follow standard procedures, which typically require applying from outside Canada or transitioning through other immigration programs.

The policy’s end is expected to have several implications:

• For Employers: Canadian employers may face more challenges in hiring foreign workers, as they can no longer rely on visitors within Canada to fill immediate labor shortages.
• For Temporary Residents: Visitors in Canada will now need to explore alternative pathways to work, such as applying for a work permit from abroad or transitioning to other immigration streams like the Temporary Foreign Worker Program (TFWP) or International Mobility Program (IMP).

While the public policy’s revocation closes one avenue for foreign nationals to secure employment in Canada, there remain various pathways for those seeking work:

• Exploring Provincial Nominee Programs (PNPs): Some provinces offer streams that facilitate the issuance of work permits or nominations for permanent residency to foreign nationals with job offers in key industries.
• Applying for a Work Permit Abroad: Visitors can still apply for employer-specific work permits from outside Canada, provided they meet the criteria and obtain a valid job offer.
• Using Other Temporary Resident Programs: Programs like the Global Talent Stream, which expedites processing for highly skilled workers in tech and other fields, remain an option.

The revocation of this temporary policy reflects a return to standard immigration and work permit processes in Canada. It underscores the importance of exploring other pathways for foreign nationals who wish to work in Canada and adapting to the evolving landscape of Canadian immigration policy.

For employers and potential employees alike, this change signals a need for careful planning and understanding of the available routes to legally work and reside in Canada.