In response to the COVID-19 pandemic, the Canadian government implemented several public policies to support temporary residents who were unable to leave Canada due to global travel restrictions. While international travel has since resumed, Canada continues to face significant labor shortages in key sectors of its economy, including agriculture and healthcare. To address these shortages, the government has introduced a temporary public policy that allows certain foreign nationals already in Canada to transition more easily into the workforce. This policy provides Canadian employers access to a larger pool of potential workers and allows foreign nationals to contribute to the economy while filling critical positions.
What is the New Policy?
Under this new public policy, eligible foreign nationals with valid temporary resident status in Canada can apply for a job offer-supported work permit from within the country. Additionally, the policy exempts eligible individuals from certain immigration requirements that would normally prevent them from obtaining a work permit, particularly if they have not fully complied with specific temporary resident conditions. Furthermore, it allows eligible former temporary foreign workers to begin working while their new work permit application is being processed.
Key Features of the Policy:
- Application for Work Permits from Inside Canada: Eligible foreign nationals currently in Canada with temporary resident status can apply for a work permit supported by a job offer without needing to leave the country.
- Exemption from Certain Conditions: Foreign nationals who have not complied with specific temporary resident conditions may be exempt from the requirement that normally prohibits issuing a work permit to such individuals.
- Work While Awaiting Decision: Former temporary foreign workers who apply for a new work permit under this policy can start working for their prospective employer while their application is pending.
Eligibility Requirements:
To benefit from this policy, foreign nationals must meet the following conditions:
- In-Canada Work Permit Application: They must have submitted an application for a work permit from within Canada, which describes work that falls under specific regulations of the Immigration and Refugee Protection Regulations. This application must still be under review.
- Valid Temporary Resident Status: The individual must have been in Canada with valid temporary resident status at the time of submitting the work permit application and must have maintained this status since then.
- Previous Work Permit: If the individual had a valid work permit in the 12 months before submitting their application under this public policy, they may be eligible to work for the employer specified in the job offer included in their work permit application.
- Request for Exemption: They must have applied to the Immigration, Refugees and Citizenship Canada (IRCC) for the public policy exemption using the specified electronic process.
Regulatory Exemptions:
Foreign nationals who meet these conditions may be granted exemptions from the following immigration regulations until a decision is made on their work permit application:
- For those who meet the primary conditions:
- They may be exempt from requirements typically necessary to apply for a work permit after entering Canada.
- They may also be exempt from the rule that prohibits issuing a work permit to those who have engaged in unauthorized work or study.
- For those who meet the additional conditions:
- They may work without the specific authorization usually required.
- They may be exempt from the requirement to be authorized to work by a work permit or the regulations.
Other Criteria and Effective Dates:
Even if a foreign national is eligible under this public policy, they are still subject to all other admissibility and selection requirements not exempted under this policy or any other public policy.
This temporary public policy became effective on March 1, 2023, and will remain in place until February 28, 2025. During this period, it aims to provide a more flexible and responsive approach to labor shortages in Canada, helping businesses and sectors in need while providing foreign nationals the opportunity to work and contribute to the Canadian economy.
The introduction of this temporary public policy reflects the Canadian government’s efforts to adapt to the ongoing economic challenges posed by labor shortages. By allowing certain visitors in Canada to transition into the workforce more easily, the policy not only supports Canadian employers but also provides foreign nationals with a pathway to work legally and contribute to the economy during a critical time.
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