Apply for Work Permit Inside Canada
During the COVID-19 lockdowns in Canada during 2020 to early 2022, the Minister of IRCC issued a new public policy that allowed visitors inside Canada to be able to apply for a work permit while remaining in Canada. Typically, visitors are ineligible to apply for a work permit within Canada. Most foreign nationals had to apply for a work permit before entering Canada. However, since many countries around the world were locked down and borders were closed, there was a temporary public policy that allowed visitors to apply for a work permit within Canada until the end of February 2022.
Fortunately, IRCC has extended this public policy until at least February 28, 2023. This is great news for anyone who is in Canada and wants to find employment. However, visitors still need to meet all of the requirements for applying for a work permit such as a valid job offer and positive Labour Market Impact Assessment (LMIA) for the Temporary Foreign Worker Program, or an LMIA-exempt work permit application under the International Mobility Program.
The eligibility requirements for visitors to apply for a work permit inside Canada are:
1. The foreign national is in Canada with valid temporary resident status as a visitor or maintained status under IRPR 183(5).
2. The foreign national has applied for an employer-specific work permit using the IMM 5710 application form.
3. The foreign national has remained in Canada with status since their submission.
4. The foreign national submitted their application before February 28, 2023.
Additionally, foreign nationals who are already in Canada with a valid work permit (or held a work permit in the last 12 months) and are switching employers, may request interim authorization to work for the new employer while their new work permit application is still being processed. The eligibility requirements are as follows:
1. The foreign national has valid temporary resident status at the time of work permit application submission and have remained in Canada with status since the submission of their application.
2. The foreign national held a valid work permit in the 12 months preceding the date on which they submitted their work permit application under this public policy, even though they are currently a visitor.
3. The foreign intends to work for the employer and occupation specified by the LMIA or LMIA-exempt job offer included in their work permit application submitted under the public policy.
4. The foreign national has applied to IRCC for the interim authorization to work as per this public policy using the IRCC Web form.
5. The foreign national has requested that the authorization to work be applicable until a decision is made on their work permit application.
This public policy has already benefitted thousands of applicants in Canada who were unable to return to their country of residence or lost their job because of COVID-19.
While visitors may apply for a work permit inside Canada under this public policy, they are still required to meet all of the criteria involved in applying for a visitor visa, unless they are a citizen of a visa-exempt country.
If you have any questions about coming to Canada, feel free to book a consultation by clicking the image below or visit the IRCC website.
