Canada has announced a new guideline for temporary residents

As of August 28, 2024, Immigration, Refugees, and Citizenship Canada (IRCC) officially discontinued the temporary public policy that allowed visitors to apply for work permits from within the country. Initially introduced in August 2020, this policy served as a pandemic-era measure aimed at helping visitors stranded in Canada due to travel restrictions related to COVID-19. However, with the pandemic now under control and the government focusing on managing the number of temporary residents, IRCC has decided to bring this policy to an early end.

This change reflects a broader shift in Canada’s immigration strategy, emphasizing better control over the number of temporary residents and addressing concerns over potential system abuses.

Overview of the Temporary Policy (August 2020 – August 2024)

The policy was implemented to assist foreign nationals during the pandemic. It included several key provisions:

1. Work Permits for Visitors: Visitors who were in Canada had the option to apply for work permits without leaving the country. This was crucial during lockdowns when travel was difficult or restricted.
2. Former Work Permit Holders: Those who had held a work permit in the past 12 months but switched to visitor status were allowed to apply for new work permits and continue working while awaiting approval.

Reasons for Ending the Policy

Although originally set to expire in February 2025, the IRCC chose to terminate the policy early for two main reasons:

• Controlling Temporary Resident Numbers: Canada has seen a sharp increase in temporary residents in recent years. Ending this policy is part of the government’s broader efforts to manage the growing number of temporary residents and ensure the immigration system remains sustainable.
• Preventing System Misuse: There were concerns about individuals misusing the policy, as some took advantage of it to work without proper authorization. This created issues for both foreign nationals and their employers and undermined the integrity of the immigration system.

Impact on Foreign Nationals

As a result of the policy’s termination, foreign nationals visiting Canada can no longer apply for work permits from within the country. Visitors need to return to their home countries and follow the pre-pandemic procedure of applying abroad.

However, if an application was submitted before August 28, 2024, it will still be processed under the now-expired policy. Applicants who fall under this category can continue with their process and await a decision based on the old rules.

Navigating the Process Moving Forward

For visitors currently in Canada who wish to apply for a work permit, the following steps are crucial:

• Ensure Eligibility: You must meet the work permit eligibility criteria, typically securing a job offer from a Canadian employer. The employer may also need to obtain a Labour Market Impact Assessment (LMIA).
• Apply From Outside Canada: Unlike during the temporary policy period, you must now submit your work permit application outside the country, which could require leaving Canada first.
• Consult an Immigration Lawyer: Given the recent changes and the complex nature of immigration policies, it’s advisable to seek assistance from an immigration lawyer who can help you navigate the process successfully.

Other Changes to Canada’s Immigration Policies

The end of this temporary policy aligns with a broader recalibration of Canada’s approach to immigration and temporary residency. Recent changes introduced by IRCC include:

• Caps on International Student Permits: Canada has set a limit on the number of study permits issued, reducing the intake to 437,000 in 2025 to address housing and infrastructure concerns.
• Stricter Language Requirements: From November 2024, Post-Graduation Work Permits (PGWP) applicants must meet higher language proficiency standards.
• Tighter Spousal Work Permit Eligibility: The government has introduced stricter requirements for spouses of international students and temporary foreign workers, limiting the number of open work permits issued.

Conclusion

The early termination of the policy that allowed visitors to apply for work permits from within Canada signals a significant change in the country’s immigration landscape. It highlights the government’s aim to manage the number of temporary residents and safeguard the integrity of the immigration system. Visitors and temporary residents should stay informed about these changes and seek professional guidance when navigating the evolving immigration rules.

For expert help with applying for a work permit or understanding the latest changes in Canada’s immigration system, contact our law firm today. Our experienced team is ready to guide you through the process and help you achieve a successful outcome.