Public policy exempting certain visitors in Canada from immigration requirements: COVID-19 program delivery

Author: EmPo Immigration Corp.  | | Categories: Alberta Nomination , Canada Visa , Express Entry , Family Sponsorship , Immigration Canada , Immigration Consultant , Permanent Residence , PNP Canada , Study Permit Canada , Visit Canada

Blog by EmPo Immigration Corp.

A temporary public policy has been issued to allow certain temporary residents in Canada with a visitor status to apply for a work permit from within Canada. While all visitors in Canada can apply for an employer-specific work permit under the public policy, only those who held a work permit in the last 12 months may request interim authorization to work. This public policy comes into effect on August 24, 2020, and remains in effect until March 31, 2021. Applications received on or before March 31, 2021 may benefit from this public policy.

This public policy will

  • permit eligible foreign nationals with valid temporary resident status as visitors to apply for a job offer-supported work permit from inside Canada
  • exempt eligible foreign nationals from the requirement that a work permit not be issued if they have not complied with certain temporary residence conditions
  • allow eligible former temporary foreign workers to work while a decision on their work permit application is pending

Eligibility requirements for visitors to apply for an employer-specific work permit

The foreign national

  1. is in Canada with valid temporary resident status as a visitor, including status extensions under subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR), that is, implied status
  2. was physically in Canada on August 24, 2020 and has remained in Canada since
  3. is submitting a work permit application in Canada for an employer-specific work permit

Officers should note that when status is extended under subsection R183(5), the expiry date of the period of authorized stay becomes the decision date on the submitted application.

Eligibility requirements for interim authorization to work

The former temporary worker who converted to “visitor” status

  1. has valid temporary resident status as a visitor, was physically in Canada on August 24, 2020 and has remained in Canada since;
  2. held a valid work permit in the 12 months preceding the date on which they submitted their application for a work permit under this public policy, even though they are now only a visitor;
  3. intends to work for the employer and occupation specified by the LMIA or LMIA-exempt offer of employment included in their work permit application submitted under the public policy;
  4. has applied to IRCC for the interim authorization to work as per this public policy using the IRCC Web form; and
  5. has requested that the authorization to work be applicable until a decision is made on their work permit application.