Historically, with certain exceptions, initial work permit applications could not be made from within Canada by visitors in Canada. Such applications needed to be made, (a) in the case of those that need a visa, through a visa post/online, and (b) in the case of those that don’t need a visa, at a port of entry. One way or another, an applicant who happened to be in Canada would have to exit and re-enter to obtain or ‘activate’ a work permit.
With the advent of COVID, Immigration Canada introduced a program to allow people who had only ordinary visitor status in Canada to seek an offer-supported work permit from within Canada. There was a corollary to this program whereby visitors who held a work permit within the last 12 months were also able to seek interim work authorization to work with a new employer before a formal work permit was received.
This program, including the corollary aspect, was set to expire February 28, 2023.
However, Immigration Canada has announced that it is prolonging the program until February 28, 2025.
Some notes and caveats about the program:
- In terms of the visitor to work permit application process, applicants must:
- Have valid status as a visitor in Canada on the date of application
- Have a job offer supported by a Labour Market Impact Assessment (LMIA), or an LMIA-exempt offer of employment
- Submit their application for an employer specific work permit no later than February 28, 2025, and
- Meet all other admissibility criteria.
- In terms of the interim work authorization to work with a new employer, for those who have held work permits within the last 12 months, applicants must:
- Hold temporary resident status at the time of work permit application
- Have held a work permit in the 12 months preceding the date the application was submitted
- Intend to work for the employer and occupation specified in the related LMIA or LMIA-exempt offer of employment
- Apply as well to IRCC for the interim authorization, through the IRCC web form, with a request in the prescribed manner, and
- Remain in Canada throughout the period during which their work permit application is being processed.
The extension of the program is of course good news, but certainly, people who wish to take advantage of any element of the program must ensure that they meet the relevant criteria, and take the appropriate actions.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.