In a significant shift in Canadian immigration policy, Immigration, Refugees and Citizenship Canada (IRCC) has announced that, effective August 28, 2024, visitors in Canada can no longer apply for work permits from within the country. This change marks the end of a temporary policy introduced during the COVID-19 pandemic and has important implications for both visitors and employers.aptechvisa.com+5theimmigrater.com+5canadaeasily.com+5B A L | Berry Appleman & Leiden LLP+5Canada+5newstepsimmigration.ca+5
Understanding the Policy Change
Background of the Temporary Policy
In August 2020, amid global travel restrictions due to the COVID-19 pandemic, Canada introduced a temporary public policy allowing visitors in Canada to apply for work permits without leaving the country. This measure aimed to assist visitors who were unable to return home and to help employers fill labor shortages by enabling foreign nationals to work legally while in Canada. theimmigrater.com+1Canada+1CIC News
Reasons for Termination
The early termination of this policy, initially set to expire on February 28, 2025, was driven by several factors:Canada+6aptechvisa.com+6Immigration News Canada+6
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Recalibration of Temporary Resident Numbers: The Canadian government aims to manage and reduce the number of temporary residents in the country to preserve the integrity of the immigration system. theimmigrater.com+4aptechvisa.com+4CIC News+4
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Concerns Over Misuse: IRCC identified instances where the policy was exploited by unauthorized individuals, leading to potential abuse and undermining the intended purpose. theimmigrater.com
Implications for Visitors in Canada
Immediate Effects
As of August 28, 2024, visitors in Canada are no longer permitted to apply for job-supported work permits from within the country. Applications submitted before this date will continue to be processed under the previous policy. B A L | Berry Appleman & Leiden LLP+7CIC News+7Immigration News Canada+7aptechvisa.com+4Northern Connections Canada Immigration+4B A L | Berry Appleman & Leiden LLP+4
Alternative Pathways
Visitors who wish to work in Canada must now consider alternative options:canadaeasily.com+2Canada+2Northern Connections Canada Immigration+2
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Apply from Outside Canada: Visitors can leave Canada and submit a work permit application from their home country or another location where they have legal status. This process typically requires a valid job offer and, in most cases, a Labour Market Impact Assessment (LMIA).newstepsimmigration.ca+2Northern Connections Canada Immigration+2canadaeasily.com+2
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Provincial Nominee Programs (PNPs): Some provinces offer immigration programs that allow temporary residents to apply for permanent residency and, in certain cases, work permits.Northern Connections Canada Immigration
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International Mobility Program (IMP): This program allows certain foreign nationals to work in Canada without an LMIA, provided they meet specific eligibility criteria.Northern Connections Canada Immigration
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Study Permit: Enrolling in a Canadian educational institution can provide a pathway to a study permit, which may include work authorization under certain conditions.Northern Connections Canada Immigration+1canadaeasily.com+1
Impact on Canadian Employers
Challenges in Hiring
Employers who previously relied on the ability to hire visitors already in Canada may face challenges in filling positions promptly. The requirement for prospective employees to apply for work permits from outside Canada could lead to delays in the hiring process. GT Immigration
Compliance Obligations
Employers must ensure that all employees have valid work authorization. Hiring individuals without proper work permits can lead to penalties and legal issues.
Legal and Ethical Considerations
Avoiding Unauthorized Employment
Visitors in Canada must not engage in employment without the appropriate work authorization. Working without authorization is a violation of Canadian immigration laws and can result in serious consequences, including deportation and future inadmissibility to Canada.
Seeking Professional Advice
Given the complexities of immigration laws and the potential for policy changes, individuals and employers are advised to consult with immigration professionals to navigate the application processes and ensure compliance with current regulations.
Conclusion
The termination of the policy allowing visitors to apply for work permits from within Canada signifies a shift towards stricter immigration controls and a focus on managing temporary resident numbers. Visitors and employers must adapt to these changes by exploring alternative pathways for employment authorization and ensuring adherence to Canadian immigration laws. Staying informed and seeking professional guidance are crucial steps in navigating this evolving landscape.