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April 21, 2022

Canada issues new temporary public policy to allow certain visitors to apply for work permit inside Canada

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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

  • 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, maintained status, at the time of work permit application submission
  • has submitted an employer-specific work permit application using the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]
  • has remained in Canada with status since application submission
  • submitted the application on or before February 28, 2023

Note: If the application is approved, the new status and period of authorized stay will apply. If the application is refused, when status is extended under subsection R183(5), the expiry date of the period of authorized stay becomes the decision date on the application submitted. Eligibility requirements for interim authorization to work in addition to meeting the eligibility criteria for the work permit, a former work permit holder who converted to visitor status may also be eligible for interim authorization to work if they meet all the following:

  • have valid temporary resident status at the time of work permit application submission and have remained in Canada with status since;
  • 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;
  • intend 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;
  • have applied to IRCC for the interim authorization to work as per this public policy using the IRCC Web form; and
  • have requested that the authorization to work be applicable until a decision is made on their work permit application.

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