Canada ends temporary policy allowing visitors to apply for work permits from within Canada.
Ottawa, August 28, 2024
As of August 28th, visitors in Canada on tourist visas will no longer be permitted to apply for conversion to work permits from within Canada.
This policy was first introduced in August 2020 to support travelers who were in Canada but unable to return home due to border closures related to the COVID-19 pandemic. Under this policy, they could apply for a work permit without leaving Canada. Additionally, those who had previously held a work permit within the past 12 months but had changed their immigration status to "visitor" were also eligible to "legally work in Canada while awaiting a decision on their new work permit application."
Initially, this policy was scheduled to expire on February 28, 2025. However, the Immigration, Refugees and Citizenship Canada (IRCC) stated that it decided to end the policy earlier as "part of our overall effort to readjust the number of temporary residents in Canada and protect the integrity of the immigration system." Applications submitted before August 28 will continue to be processed.
Dealing with fraud
IRCC stated that part of the reason for ending the policy early was their finding that "bad individuals were using this policy to defraud foreigners into working in Canada without proper authorization." This relates to IRCC's ongoing efforts to combat widespread immigration fraud, as well as to reduce the number of temporary residents.
For example, last year, around 700 Indian international students were found in Canada with forged acceptance letters from Designated Learning Institutions (DLIs). Many of them were unaware that these acceptance letters were illegitimate. In response, IRCC now requires DLIs to verify all acceptance letters within 10 days of receiving an international student's application. Canada has also set limits on the number of international students it will accept over the next two years.
Major changes in the number of temporary foreign workers in Canada.
The end of the temporary policy allowing some visitors to apply for work permits comes amid major changes aimed at reducing the number of temporary foreign workers in Canada.
On August 26, the Department of Immigration announced that it would temporarily suspend processing some Labour Market Impact Assessment (LMIA) applications for certain applicants under the Temporary Foreign Worker (TFWP) stream of the Low Wage Worker program prior to September 26, 2024. This will affect applicants in Census Metropolitan Areas with unemployment rates of 6% or higher. IRCC also announced restrictions on the number of foreign workers that Canadian employers can hire under the TFWP (up to 10% of their total workforce), and that the maximum employment period for workers under the Low Wage Worker stream will be reduced from two years to one year.
These changes are similar to today's announcement in that many of the policies introduced aim to reverse pandemic-era immigration policies that the Canadian government implemented to address labor needs at the time. For example, during the pandemic, IRCC (in collaboration with the Canadian Department of Social Development and Employment - ESDC) introduced temporary policies allowing Canadian employers to hire up to 30% of their workforce through the TFWP Low Wage Worker stream and increased the validity period of an LMIA to 12 months.
IRCC and ESDC began rolling back these pandemic-era policies last May following a joint press conference held by Employment Secretary Randy Boissonnault and Immigration Secretary Marc Miller.
At the press conference, Minister Miller also announced the inclusion of temporary resident numbers in the annual Immigration Levels Plan, a first in Canadian immigration history. Immigration has become a key topic in Canada, with numerous announcements this year concerning the management and reduction of temporary residents in the country. This week, Minister Miller also announced her intention to review changes to permanent residency levels in the coming years.
Alternative options:
The decision to end the temporary policy allowing visitors to apply for work permits from within Canada demonstrates the Canadian government's determination to maintain the transparency and integrity of the immigration system. In the context of Canada's efforts to regulate the number of temporary residents, ending this policy is a step towards better controlling the increase in temporary residents and preventing abuse of the system by unscrupulous individuals.
However, foreign workers can still consider other options for working in Canada. One alternative is the Intra-Company Transfer (ICT) program, which allows highly skilled personnel to work in Canada without needing a Labour Market Impact Assessment (LMIA). Although this program has strict requirements and limited participation, it is a worthwhile option for eligible individuals. Leveraging the ICT program can help businesses continue to attract international talent without the stringent legal hurdles of an LMIA, while still complying with the new IRCC regulations.
Foreign workers and businesses need to closely monitor changes in Canada's immigration policies so they can adjust their plans accordingly and avoid unexpected problems when policies change suddenly.
