On August 28, 2024, Immigration, Refugees, and Citizenship Canada (IRCC) officially ended a temporary public policy that allowed visitors in Canada to apply for a work permit from within the country. Introduced in August 2020 as a response to the unprecedented challenges caused by the COVID-19 pandemic, the policy had enabled foreign nationals visiting Canada to apply for work permits without needing to leave the country. This move, initially hailed as a lifeline for many during a global crisis, has now been revoked as part of the government’s broader effort to balance the number of temporary residents and protect the integrity of Canada’s immigration system.
Why Was the Temporary Public Policy Introduced?
The policy was originally introduced to address a specific issue caused by the COVID-19 pandemic: travel restrictions and border closures that left many foreign nationals in Canada stranded. These visitors, including those who had come to Canada for short stays, suddenly found themselves unable to leave the country due to the global lockdowns and flight cancellations.
During the pandemic, many Canadian industries, particularly healthcare, agriculture, and technology, faced significant labor shortages. The Canadian government saw an opportunity to address these workforce gaps by allowing visitors to transition into the labor market. The policy thus enabled visitors already in Canada to apply for work permits and contribute to the economy, rather than being forced to wait until they could leave the country and re-enter with proper authorization.
For visitors who had previously held a work permit in Canada but whose status had changed to "visitor," the policy allowed them to apply for a new work permit without having to leave the country. This was particularly beneficial for skilled foreign workers who had lost their jobs during the pandemic but wished to stay in Canada and find new employment.
The Loophole and Exploitation of the Policy
While the policy was initially well-intentioned, it became evident that some individuals and employers began exploiting the system. IRCC acknowledged that bad actors were using the policy to mislead foreign nationals into working in Canada without proper authorization.
How Did the Loophole Work?
The loophole stemmed from the delayed processing times for work permit applications. Under the policy, visitors could apply for a work permit and begin working while their application was being processed. This allowed foreign nationals to work temporarily, even if their work permit applications were later rejected. Some individuals took advantage of this by continuing to work without legal status or proper authorization, which is a violation of Canadian immigration laws.
Moreover, certain unscrupulous employers took advantage of the policy by hiring foreign nationals on a temporary basis with the understanding that they could work while their applications were pending. In some cases, these workers would be underpaid or exploited because they were in a vulnerable position and lacked full legal work authorization.
Why Was the Policy Ended?
IRCC’s decision to end the policy, which was initially set to expire on February 28, 2025, was part of a broader strategy to recalibrate the number of temporary residents in Canada. Here are some key reasons for the policy’s early termination:
1. Preserving the Integrity of Canada’s Immigration System
As a nation with a strong reputation for a well-managed immigration system, Canada places high value on legal pathways to residency and employment. The temporary public policy was designed to be a short-term solution during an exceptional time, but as the pandemic subsided, it became clear that the policy was leading to unintended consequences.
The government realized that continuing this policy could undermine the integrity of the immigration system, particularly in how foreign nationals apply for work permits and gain legal entry into the workforce. By ending the policy, Canada is reinforcing the message that working in Canada requires proper authorization and that immigration procedures must be followed without exception.
2. Addressing Labor Market Concerns
The pandemic created significant labor shortages, but as the country recovered, the situation improved. With more foreign workers arriving through legitimate channels, such as the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), the need for a temporary visitor-to-worker pathway has decreased.
Additionally, as Canada works to balance immigration levels, managing the number of temporary residents has become more critical. Ending the policy helps ensure that immigration targets are met without overwhelming the system or distorting labor market dynamics.
3. Preventing Exploitation and Misuse
As IRCC noted, the temporary policy had been misused by bad actors, and some foreign nationals were misled into working without proper permits. This exploitation not only harms foreign workers but also disadvantages Canadian workers by creating a parallel, unregulated labor market. Ending the policy ensures that all foreign nationals and employers are held to the same standards.
How Many Visitors Took Advantage of the Loophole?
Exact numbers regarding how many visitors exploited the loophole have not been made public by IRCC, but the volume of applications for work permits under the policy provides insight into how widespread the use of this program became. During the height of the pandemic, tens of thousands of foreign nationals benefited from the policy, either through new work permit applications or by changing their status to legally work while waiting for their permits to be approved.
The visitor-to-worker pathway saw a significant uptick in applications, particularly in sectors that were hit hardest by the labor shortage, such as agriculture, healthcare, and manufacturing. While many of these applications were legitimate, IRCC’s decision to close the policy ahead of schedule indicates that a substantial number of foreign nationals may have been misusing the policy or were at risk of being exploited by employers.
What Happens to Applications Already Submitted?
While the policy has ended as of August 28, 2024, IRCC has made it clear that applications submitted before this date will continue to be processed under the terms of the now-canceled policy. This means that foreign nationals who applied for a work permit before the deadline will still have their applications reviewed and considered.
However, moving forward, visitors in Canada who wish to work will need to leave the country and apply for a work permit from outside of Canada under the traditional rules, unless they qualify for other specific exemptions or programs.
What’s Next for Foreign Workers in Canada?
With the end of this temporary public policy, foreign nationals looking to work in Canada will need to navigate other immigration pathways, including:
- Temporary Foreign Worker Program (TFWP): This program allows Canadian employers to hire foreign workers to fill labor shortages when qualified Canadian citizens or permanent residents are not available.
- International Mobility Program (IMP): The IMP allows foreign nationals to work in Canada without the need for a Labor Market Impact Assessment (LMIA), which is often required under the TFWP.
- Express Entry: For those looking to eventually become permanent residents, Express Entry remains one of the most popular pathways, especially for skilled workers.
Foreign nationals must ensure that they apply for and receive the appropriate work permits before beginning employment in Canada. While the visitor-to-worker pathway may no longer be available, the Canadian labor market remains open to qualified foreign workers who follow the correct procedures.
The end of the temporary policy allowing visitors to apply for work permits from within Canada marks a return to pre-pandemic immigration regulations. While the policy was a vital solution during the global COVID-19 crisis, its cancellation underscores Canada’s commitment to maintaining the integrity of its immigration system and protecting foreign workers from exploitation.
While some visitors took advantage of the loophole created by the policy, the government’s decision to terminate it reflects an effort to recalibrate and prevent further misuse. Canada continues to welcome foreign workers through proper channels, ensuring that both the economy and labor market remain stable and fair for all.
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