Effective August 28, 2024, Immigration, Refugees, and Citizenship Canada (IRCC) has officially ended its temporary public policy that allowed visitors to apply for work permits while in Canada. This policy, initially set to expire on February 28, 2025, was first introduced in August 2020 to support visitors who were unable to return to their home countries due to the COVID-19 pandemic and associated travel restrictions.
Background and Details of the Policy
The temporary public policy was enacted during the height of the COVID-19 pandemic to address the challenges faced by visitors who were stranded in Canada due to international travel limitations. It allowed those in Canada on a visitor visa to apply for a work permit from within the country, a significant shift from standard immigration procedures that typically required applicants to apply for work permits from their home countries or other locations outside Canada.
Under this policy, visitors who had held a work permit within the previous 12 months but had since changed their status to “visitor” could also legally work in Canada while awaiting a decision on their new work permit application. This provision aimed to help those who were effectively stuck in Canada due to the global health crisis and wanted to contribute to the Canadian economy.
IRCC’s Decision to End the Policy
IRCC’s decision to end this policy ahead of the originally planned expiration date is part of a broader effort to recalibrate the number of temporary residents in Canada and uphold the integrity of the immigration system. According to IRCC, the policy was being exploited by some individuals, who used it as a loophole to work in Canada without the proper authorization.
The department’s move reflects ongoing concerns about immigration fraud and the need to ensure that temporary resident programs are not misused. In particular, IRCC highlighted that some “bad actors” were misleading foreign nationals into working without proper permits, which prompted the early rollback of the policy.
Impact on Applications and Processing
Despite the policy’s termination, applications submitted under the policy before August 28 will continue to be processed. This means that those who applied for a work permit under the temporary policy before the cutoff date will not be affected by the change and will still be considered under the terms of the policy.
For individuals currently in Canada on visitor visas, this change means that they will no longer have the option to apply for a work permit from within Canada. Moving forward, visitors who wish to work in Canada will need to apply for a work permit from their home country or another location outside Canada.
Broader Changes to Temporary Foreign Worker Policies
The end of this temporary policy comes amid a series of significant changes to Canada’s immigration and temporary foreign worker programs. On August 26, 2024, IRCC announced a pause on processing Labour Market Impact Assessment (LMIA) applications for certain low-wage stream applicants. This pause will affect those applying for positions in Census Metropolitan Areas (CMAs) with an unemployment rate of 6% or higher and is set to last until September 26, 2024.
In addition to the LMIA processing pause, IRCC has implemented new restrictions on the number of foreign workers that employers in Canada can hire under the Temporary Foreign Worker Program (TFWP). Employers are now limited to hiring up to 10% of their total workforce from foreign workers under the TFWP. Furthermore, the maximum term of employment for workers in the low-wage stream has been reduced from two years to one year.
These changes mark a significant shift from the pandemic-era policies that were designed to address urgent labour needs. During the pandemic, IRCC, in collaboration with Employment and Social Development Canada (ESDC), introduced temporary measures that included allowing up to 30% of a workforce to be hired through the low-wage stream of the TFWP and extending the validity of LMIAs to 12 months.
Context and Future Outlook
The recent changes to temporary resident and foreign worker policies are part of a broader trend to manage and reduce temporary resident levels in Canada. Last May, IRCC and ESDC began rolling back several pandemic-era policies, reflecting a shift towards more traditional immigration management practices.
Minister Marc Miller has also indicated that there may be upcoming changes to permanent residence levels in Canada, signaling ongoing adjustments to the country’s immigration framework. These developments underscore the government’s commitment to balancing the needs of the Canadian labour market with the integrity of its immigration system.
For more information on Canada’s immigration policies, including updates on temporary and permanent resident applications, consult with immigration experts.
