As of August 28, 2024, temporary residents in Canada holding a visitor visa will no longer be able to apply for a work permit from within Canada. This change marks the end of a policy that was originally introduced in August 2020 to assist visitors who were stranded due to COVID-19-related border closures, Immigration, Refugees and Citizenship Canada (IRCC) said in a news release.
Why was this policy introduced in the first place?
The policy was implemented during the pandemic to help those who were unable to return home due to travel restrictions. It allowed visitors to Canada to apply for a work permit without needing to leave the country. Additionally, people who had had a work permit in the past 12 months and had their status changed to “visitor” were able to legally work while waiting for their new work permit application to be processed.
Why end it now?
The policy was initially set to expire on February 28, 2025. However, IRCC decided to end it earlier. According to IRCC, this decision is part of broader efforts to manage the number of temporary residents in Canada and maintain the integrity of the immigration system.
What about existing applications?
For those who applied under the policy before August 28, IRCC has confirmed that their applications will continue to be processed normally.
‘Bad actors misusing policies’
The premature end of this policy is due in part to concerns about its misuse. IRCC has received reports that some people were using the policy to trick foreign nationals into working in Canada without proper authorization. This is part of a broader effort by the Canadian government to address immigration fraud and manage temporary resident levels more effectively, according to IRCC.
“IRCC is aware that some malicious actors were using the policy to trick foreign nationals into working in Canada without authorization,” it said in a statement.
For example, last year, 700 Indian students were found to be in Canada with fake acceptance letters from designated learning institutions (DLIs). Many of these students were unaware that their letters were fraudulent. In response, IRCC now requires DLIs to verify all acceptance letters within 10 days of receiving an international student application.
To further combat fraud, IRCC has introduced a cap on the number of international students Canada will accept over the next two years. The goal is to protect genuine applicants and maintain the credibility of Canada’s immigration system.
Broader changes in temporary foreign worker levels
The end of this policy is just one of several recent changes aimed at reducing the number of temporary foreign workers in Canada. On August 26, IRCC announced a pause in the processing of some Labour Market Impact Assessment (LMIA) applications under the low-wage category of the Temporary Foreign Worker Program (TFWP). This pause, which will go into effect on September 26, 2024, will affect applicants in areas with an unemployment rate of 6% or higher.
New restrictions for employers
IRCC also introduced new restrictions on the number of foreign workers Canadian employers can hire under the TFWP, capping it at 10% of their total workforce. In addition, the maximum employment term for low-wage workers has been reduced from two years to one year.
These changes are part of a broader rollback of policies introduced during the pandemic. At the time, IRCC and Employment and Social Development Canada (ESDC) had temporarily allowed Canadian employers to hire up to 30% of their workforce through the low-wage TFWP and had extended the validity period of a labour impact assessment to 12 months. These policies began to be repealed last May.
Can I still apply for a work permit from within Canada?
While visitors can no longer apply for a work permit from within Canada, there are still certain conditions under which they can apply:
Valid study or work permit: If you already have a valid study or work permit.
Family members with valid permits:If your spouse, common-law partner or parent has a valid study or work permit.
Postgraduate work permit: If you are eligible for a post-graduation work permit and your study permit is still valid.
Temporary residence permit: If you or a family member hold a temporary residence permit valid for six months or more.
Applicants for permanent residence: If you are waiting for a decision on an application for permanent residence under specific classes, such as the Canadian spouse and common-law partner class.
Asylum seekers:If you have made or will make an application for refugee protection, or have been recognized as a refugee or Convention protected person by the Immigration and Refugee Board of Canada.
Changing jobs without a work permit: If you are allowed to work in Canada without a work permit but need one to change jobs (this does not apply to business visitors).
T-MEC professionals:If you are a trader, investor, intra-company transferee or professional under the Canada-United States-Mexico Agreement (CUSMA).
First published: August 29, 2024 | 14:12 IS
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