As of August 28, Canada has ceased allowing visitors on temporary visas to apply for work permits while within the country. This significant policy shift marks the end of a measure introduced in August 2020, originally designed to help visitors stranded in Canada due to COVID-19-related border closures.
The Initial Policy and Its Intentions:
Amid the pandemic, Canada implemented a temporary policy allowing visitors to apply for work permits without leaving the country. This initiative aimed to support those stuck in Canada and unable to return home due to global travel restrictions. Additionally, the policy enabled individuals who had previously held a work permit within the last 12 months and had transitioned to visitor status to work legally while awaiting a decision on their new work permit applications.
| Policy Provision | Details |
|---|---|
| Initial Implementation | August 2020 |
| Eligible Applicants | Visitors in Canada due to border closures; those who held a work permit within the last 12 months |
| Key Benefit | Allowed legal work while waiting for a new permit decision |
Why Canada Ended the Policy?
Initially set to expire on February 28, 2025, the policy has been abruptly ended by Immigration, Refugees, and Citizenship Canada (IRCC). According to the IRCC, this decision is part of broader efforts to regulate the number of temporary residents in Canada and ensure the immigration system’s integrity remains intact. The department has assured that applications submitted before the August 28 deadline will still be processed.
Efforts to Curb Misuse:
A significant factor behind this early termination involves concerns over misuse of the policy. The IRCC identified instances where bad actors exploited the policy, misleading foreign nationals into working without proper authorization. This action ties into the department’s broader initiatives to combat immigration fraud and manage temporary resident levels more effectively.
Example of Misuse: Last year, authorities discovered that approximately 700 Indian students had entered Canada using fraudulent letters of acceptance. Many did not realize that these letters were not authentic. In response, IRCC mandated that Designated Learning Institutions (DLIs) verify all letters of acceptance within ten days of receiving an international student’s application. Additionally, the government imposed a temporary cap on the number of international students Canada would accept over the next two years.
Changes to Temporary Foreign Worker Levels:
The rollback of this work permit policy coincides with other significant adjustments aimed at reducing temporary foreign worker levels in Canada. On August 26, IRCC announced a halt to processing specific Labour Market Impact Assessment (LMIA) applications under the Low-Wage stream of the Temporary Foreign Worker Program (TFWP). Effective September 26, 2024, this pause will affect applicants in regions with 6% or higher unemployment rates.
| Recent Changes to TFWP Policy | Details |
|---|---|
| LMIA Processing Pause | Affects Low-Wage stream applications in regions with 6%+ unemployment |
| New Cap on Foreign Workers | Employers can hire a maximum of 10% of their workforce through the TFWP |
| Reduced Employment Term | Maximum term of employment for Low-Wage stream workers cut from two years to one year |
These modifications mirror the rollback of pandemic-era policies that had temporarily increased the proportion of foreign workers employers could hire and extended the validity period of an LMIA. The gradual repeal of these measures began in May, following a press conference by Employment Minister Randy Boissonnault and Immigration Minister Marc Miller.
What Lies Ahead for Canadian Immigration?
Immigration remains a hot topic in Canada, with ongoing discussions about managing and reducing the levels of temporary residents. Minister Miller has hinted at possible changes to permanent residence levels in the coming years, indicating that the focus on regulating immigration numbers will continue to be a priority for the government.
The landscape of Canadian immigration is clearly shifting, with significant implications for both temporary and permanent residents. As the government continues to adjust its policies, it will be crucial for those affected to stay informed and seek professional guidance when necessary.
