Unlike in the United States, foreign tourists in Canada are typically not given work permits within the country, except under the limited circumstances described in Section 199 of the Immigration and Refugee Protection Regulations (SOR / 2002-227).
Canada, however, on August 24, 2020, Immigration, Refugees and Citizenship Canada (IRCC) has announced a temporary public policy, which will allow certain visitors in Canada to seek work permits without the need to leave the country. The Policy took effect immediately.
The policy was announced by Hon. Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship (IRCC) who said, visitors in Canada with a valid job offer can apply for a work permit.
The policy change has been made to benefit employers who are still facing difficulties finding workers. Besides this, it will also benefit temporary foreign workers whose work permits have expired, and who changed their legal status to the visitor in order to stay in the country while they waited for Canadian immigration to resume the processing of visa applications.
It will grant visitors currently in Canada who has a valid job offer an employer-specific work permit, meaning the visa is granted on the basis the worker maintains employment with one company.
If approved, the individual will be able to receive the permit without having to leave Canada.
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"During the pandemic, temporary residents who remained in Canada were encouraged to maintain valid legal status," reads the official statement of IRCC.
"With air travel limited around the world, some visitors to Canada have been unable to leave, while some foreign workers had to change their status to the visitor because their work permit was expiring and they didn’t have a job offer to be able to apply for a new work permit. Some employers in Canada have also faced ongoing labor and skills shortages throughout this period, including those who provide important goods and services that Canadians rely on."
It also provides the opportunity for applicants who meet the criteria and had a valid work permit in the past 12 months to start work for their new employer before their application is fully approved.
To be eligible, an applicant looking to benefit from this temporary public policy must:
* have valid status in Canada as a visitor on August 24, 2020, and remain in Canada
* have a job offer
* submit an application for an employer-specific work permit that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, no later than March 31, 2021
* meet all other standard admissibility criteria