In the ever-updating COVID-related pronouncements from Immigration Canada, one new announcement has just been released relating to foreign workers already in Canada, who seek to change jobs.
In ordinary times, a foreign worker already working in Canada with a named employer could not change jobs unless and until he/she received a new work permit naming the new employer. That new work permit would require an underlying new qualifying offer of employment from a new employer, either through an LMIA, or based on an LMIA exception (e.g. NAFTA Professional).
Effective immediately, a foreign worker who is already working in Canada may now start work with a new employer, even though the application for a new work permit is still in process.
Note that to take advantage of this policy, a form of electronic application must still be made to seek the exemption, but it will take no longer than 10 days (versus 10 weeks, or more, for the full work permit application).
Some fine print:
- Foreign workers on implied status are eligible for this program
- Foreign workers who hold a work permit but who are not currently working for the original named employer (e.g. due to layoff) are eligible for this program.
- Foreign workers who are work permit exempt but need a work permit for a new position or employer are eligible for this program. This could include, e.g. foreign journalists, athletes, clergy, and a number of other prescribed work permit exempt categories.
- The one exception to the above is those working in Canada as business visitors (or who are exempt from a work permit based on a short term assignment pursuant to the Global Skills Strategy). To be clear, business visitors are NOT eligible for this program.
- To qualify, the foreign worker must have submitted a ‘regular’ new work permit application which is in process
- Biometrics are waived if there is no open Service Canada office in the person’s area processing such biometrics.
This is brand new, and as always, there will be a learning curve, but this does seem to be good news. One thing which this policy does not seem to change is that where a new employer needs an LMIA to hire the foreign worker, there is no indication that the LMIA application itself gives rise to the foreign worker’s ability to utilize the program. He/She must await the outcome of the LMIA before being able to move forward. We are seeking to confirm this with government authorities, but for now, a plain reading of the provisions does not give rise to the availability of the program until after an LMIA is secured, where required.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.