Arisnel Mesidor, M.A., RCIC
The public policy allowing visitors to apply for a work permit has been extended
The government of Canada has extended the public policy allowing certain visitors in Canada to apply for a work permit.
The public policy, which came into effect on August 24, 2020, has been extended until February 28, 2023, allowing all temporary residents who are in Canada to apply inland for an employer-specific work permit, regardless of their arrival time in Canada. The public policy also allows eligible former temporary foreign workers to work in Canada while a decision on their work permit application is pending.
The eligibility requirements for visitors to apply for an employer-specific work permit is that the foreign national must:
be in Canada with valid temporary resident status as a visitor, including status extensions under subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR), that is, maintained status, at the time of work permit application submission
have submitted an employer-specific work permit application using the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]
have remained in Canada with status since application submission
submitted the application on or before February 28, 2023
Note that the new status and period of authorized stay will apply if the application is approved. Also, when status is extended under subsection R183(5), the expiration date of the authorized stay becomes the decision date if the application is refused.
The application for a work permit submitted by a visitor is sufficient to meet the public policy criteria. A complete employer-specific work permit application must include a Labour Market Impact Assessment (LMIA) or LMIA-exempt offer of employment, as well as a Quebec Acceptance Certificate (CAQ) if applicable.