Generally speaking, anyone physically in Canada on ordinary visitor status cannot ‘convert’ that status to worker status from within the country. They can only seek a work permit either:
- In the case of someone not requiring a visa, by exiting and re-entering the country, as the case can be adjudicated upon arrival, or
- In the case of someone from a visa-requiring country, by applying through the outside-Canada online process.
Immigration Canada has now announced that under temporary COVID conditions, visitors in Canada may seek an employer-specific work permit through the inland online application process. This has been done in recognition of the fact that many visitors are simply unable to leave – but must non-the-less remain in status, and the fact that employers are in need of workers, and the ability of applicants to get to Canada is restricted.
To be eligible to utilize this program, an applicant is required to:
- Have valid status in Canada at the time of application
- Have a job offer
- Submit an application supported by an LMIA or an LMIA-exempt Offer of Employment
- The program does not therefore change the substantive requirements to qualify for a work permit; only the procedural ones
The program is in effect for persons in Canada on or after August 24, 2020, and is currently set to remain in effect for applications received no later than March 31, 2020.
This policy expands on a prior allowance for workers in Canada seeking to work with a new employer to do so in an expedited fashion, through an online request process, prior to application adjudication. The process will be applicable here as well.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.