Visitors Can No longer Apply for Work Permit from Within Canada

Canada has ended the temporary public policy that allowed visitors to apply for work permits from within the country!

The policy, initially introduced during the COVID-19 pandemic and supposed to end by February 28, 2025, has been terminated through Immigration, Refugees and Citizenship Canada (IRCC) effective immediately.

However, according to public policy, IRCC will continue to process applications submitted before August 28, 2024. This new policy marks a significant shift in Canada’s approach to managing work permits for foreign nationals.

Keep reading as we explain this new policy of no longer letting visitors apply for work permits from within Canada.

The Goal of the Temporary Public Policy

This temporary measure was designed to provide flexibility to visitors who could not return home due to travel restrictions and other pandemic-related disruptions.

It allowed eligible visitors to apply for work permits without leaving Canada, a departure from the usual requirement they use before entering the country.

In addition, foreign nationals who had held a work permit in the previous 12 months but who changed their status in Canada to “visitor” could apply to work legally in Canada while waiting for a decision on their new work permit application.

IRCC is ending this policy earlier because it is aware of some bad actors using the policy to mislead foreign nationals into working in Canada without authorization.

Who are the People to be Affected?

• Visitors Already in Canada: If you’re currently in Canada on a visitor visa and plan to apply for a work permit, you will need to leave the country and apply from your home country or another eligible location.
• Employers: Employers seeking to hire international talent currently in Canada as visitors must be aware of these changes and adjust their recruitment strategies accordingly.
• Immigration Consultants and Lawyers: Those advising clients on immigration matters must update their guidance to reflect these new rules and help clients navigate the implications.

Visitors in Canada Needing a Work Permit

The public policy now being revoked allowed: 

• Eligible foreign nationals with valid temporary resident status to apply for a job offer-supported work permit from inside Canada.
• Eligible foreign nationals to be exempt from the requirement that a work permit not be issued if they have not complied with certain temporary resident conditions.
• Eligible former temporary foreign workers to work while a decision on their work permit application is pending

Reasons for Terminating the Policy Early

The policy’s early termination reflects broader efforts to manage the growing number of temporary residents and maintain the integrity of Canada’s immigration system.

Recent data shows a significant rise in temporary foreign workers and international students, with over 800,000 international students and more than 400,000 temporary foreign workers in Canada as of 2023.

This substantial increase has raised concerns about the country’s ability to handle these numbers, particularly regarding housing, social services, and labor market integration.

Additionally, the policy’s early end addresses concerns about exploitation. IRCC identified instances where some individuals used the policy to promise foreign nationals fake jobs in Canada or work without authorization.

By ending the policy, IRCC aims to close this loophole and ensure all individuals remain in Canada through regulated and legitimate channels!

What are the Alternative Routes?

The sudden termination of this policy is expected to significantly impact visitors currently in Canada who were planning to apply for work permits.

Those who still need to submit their application before August 28, 2024, must explore alternative routes to work in Canada.

For visitors who intend to apply for work permits under the now-extinct policy, there are still several alternative options available, such as:

• Outside Canada Application: Visitors who reside in Canada can still apply for a work permit while in Canada. Still, they must submit an outside application rather than an inside one. Below, we will discuss the differences between the two application types. 
• Provincial Nominee Programs (PNPs): Some provinces offer immigration programs that allow temporary residents to apply for permanent residency and, in some instances, work permits. Exploring these options might provide a viable pathway.
• International Mobility Program (IMP): This program allows certain foreign nationals to work in Canada without an LMIA, with specific eligibility criteria.
• Studying in Canada: Enrolling in a Canadian educational institution could provide a pathway to a study permit, which may include obtaining a work permit.

What is the Difference Between Inside Canada and Outside Canada Applications?

Inside Canada Work Permit Application

Work permit applications are still available to specific individuals already in Canada, allowing them to apply for or extend their work permits while remaining in Canada. 

Those that can still benefit from inside-Canada processing include:

• Those with a valid study or work permit or those eligible to restore their study or work permit, except those applying under the International Experience Canada program. 
• Individuals with a spouse, common-law partner, or parent who has a valid study or work permit
• In Canada, students eligible for a post-graduation work permit hold a valid study permit.
• Individuals and spouses, common-law partners, or parents with a temporary resident permit that is valid for six months or more
• In Canada, residents are waiting on a decision on an application for permanent residence under a family sponsorship program or temporary resident permit holder class.
• Individuals who have made or will make a claim for refugee protection or those recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
• Individuals who are permitted to work in Canada without a work permit
• Workers in possession of a work permit issued under the Canada–United States–Mexico Agreement (CUSMA)

Inside Canada applications offer the applicant the possibility of staying in Canada under a maintained status until a decision is made on their work permit application. 

Outside Canada Work Permit Application

• An outside-Canada work permit application must be submitted to an outside-Canada processing office, determined by the applicant’s country of citizenship (applicants must state the country they are applying from in the application form).
• It often comes with additional requirements compared to inside-Canada applications.
• In addition, outside Canada applications face a higher risk of refusal and a potential need for processing agents’ knowledge of provincial/territorial labor needs. 
• Outside Canada, applications will not extend the applicant’s stay in Canada. Therefore, additional applications may need to be made so the applicant can remain legally in Canada while processing their work permit application.
• In addition, if an interview is required as part of the application, the applicant will need to travel to the processing office and avoid being able to re-enter Canada in the future.

What can Affected Visitors in Canada do?

Current and future visitors in Canada who intended to apply for a work permit before the February 2025 deadline initially posted by IRCC but now face a lack of clarity about their options may consider trying out other immigration routes.

They can get up-to-date information on the IRCC website.

What are the Implications for Future Applicants?

With the conclusion of this policy, visitors currently in Canada who wish to apply for a work permit will now need to follow the standard procedure, which typically requires them to apply from outside the country.

This change is expected to affect many foreign nationals who rely on this policy as a pathway to employment in Canada.

Wrapping Up

As Canada continues to navigate the complexities of post-pandemic immigration, the end of this policy indicates that the government is focused on maintaining a robust and regulated system.

With many other changes announced, immigration has become a key topic of conversation among Canadians this year. All the best!