As of August 28, 2024, temporary residents in Canada holding a visitor visa can no longer apply for a work permit from within Canada. This change marks the end of a policy that was originally introduced in August 2020 to help visitors who were stranded due to Covid-19-related border closures, Immigration, Refugees, and Citizenship Canada (IRCC) said in a press release.
Why was the policy introduced in the first place?
The policy was put in place during the pandemic to support those who couldn’t return home because of travel restrictions. It allowed visitors in Canada to apply for a work permit without needing to leave the country. Additionally, individuals who had held a work permit within the last 12 months and had switched their status to “visitor” were able to work legally 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 the 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 happens to existing applications?
For those who applied under the policy before August 28, the IRCC has confirmed that their applications will continue to be processed as usual.
‘Bad actors misusing policy’
The early end to the policy is partly due to concerns about misuse. The IRCC has received reports that some individuals were using the policy to deceive foreign nationals into working in Canada without proper authorisation. This is part of a larger effort by the Canadian government to tackle immigration fraud and manage temporary resident levels more effectively, according to IRCC.
“IRCC is aware that some bad actors were using the policy to mislead foreign nationals into working in Canada without authorization,” it said in a statement.
For instance, last year, 700 Indian students were discovered in Canada with fake letters of acceptance from Designated Learning Institutions (DLIs). Many of these students were unaware that their letters were fraudulent. In response, the IRCC now requires DLIs to verify all letters of acceptance within 10 days of receiving an international student application.
To further combat fraud, the IRCC has introduced a cap on the number of international students that 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 to 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, the IRCC announced a pause on processing some Labour Market Impact Assessment (LMIA) applications under the Low-Wage stream of the Temporary Foreign Worker Program (TFWP). This pause, set to take effect by September 26, 2024, will affect applicants in areas with an unemployment rate of 6% or higher.
New restrictions for employers
The IRCC also introduced new restrictions on the number of foreign workers that Canadian employers can hire under the TFWP, limiting it to 10% of their total workforce. Additionally, the maximum term of employment for workers in the Low-Wage stream has been reduced from two years to one year.
These changes are part of a broader rollback of policies introduced during the pandemic. At that time, the IRCC and Employment Social Development Canada (ESDC) had temporarily allowed Canadian employers to hire up to 30% of their workforce through the Low-Wage stream of the TFWP and extended the validity period of an LMIA to 12 months. These policies began to be repealed last May.
Can you still apply for a work permit from inside Canada?
While visitors can no longer apply for a work permit from inside Canada, there are still certain conditions under which you can apply:
Valid study or work permit: If you already hold a valid study or work permit.
Family members with valid permits: If your spouse, common-law partner, or parent holds a valid study or work permit.
Post-graduation work permit: If you’re eligible for a post-graduation work permit and your study permit is still valid.
Temporary resident permit: If you or a family member holds a temporary resident permit valid for six months or more.
Permanent residence applicants: If you’re waiting for a decision on a permanent residence application under specific classes, such as the spouse and common-law partner in Canada class.
Refugee claimants: If you’ve made or will make a claim for refugee protection, or have been recognised as a Convention refugee or protected person by the Immigration and Refugee Board of Canada.
Job change without work permit: If you’re allowed to work in Canada without a work permit but need one to switch jobs (this doesn’t apply to business visitors).
CUSMA professionals: If you’re a trader, investor, intra-company transferee, or professional under the Canada–United States–Mexico Agreement (CUSMA).
First Published: Aug 29 2024 | 2:12 PM IST
