No more converting Visit to Work Permit

As of August 28, 2024, Immigration, Refugees, and Citizenship Canada (IRCC) has abruptly ended the policy that allowed visitors in Canada to apply for work permits from within the country. 

Originally introduced in August 2020 as a temporary measure during the COVID-19 pandemic, this policy was a lifeline for many who needed to transition to worker status without leaving Canada. 

However, the early termination of this policy reflects IRCC’s efforts to manage the growing number of temporary residents and maintain the integrity of the immigration system.

Background of this policy 

The now-defunct policy was originally introduced in August 2020, in response to the COVID-19 pandemic. With travel restrictions in place and global mobility significantly reduced, Immigration, Refugees, and Citizenship Canada (IRCC) implemented this temporary measure to provide flexibility to those who found themselves stranded in Canada. Visitors, who otherwise would have had to leave the country to apply for a work permit, were given the unique opportunity to apply from within Canada, provided they had a valid job offer.

This policy was initially slated to be temporary, but its success and the ongoing uncertainties of the pandemic led to multiple extensions. It provided a pathway for thousands of individuals to legally work in Canada, contributing to the economy and helping to address labor shortages in various sectors. 

In practice, this policy was supposed to expire on February 28, 2025. However, with the pandemic subsiding and immigration patterns returning to pre-pandemic norms, IRCC has decided to end the policy earlier than anticipated.

Applications submitted before August 28, 2024, will continue to be handled under the now-expired policy, according to clarification from the IRCC.

Reasons for the Termination of the Visitor-to-Work Permit Policy

1. Managing Temporary Resident Numbers: The population of temporary residents increased during the epidemic; the IRCC seeks to rebalance this population. The policy’s demise is a part of larger initiatives to make sure Canada’s long-term objectives are met in terms of the distribution of temporary and permanent residents.
2. Combating Immigration Fraud: There were concerns that the policy was being exploited by “bad actors” to deceive foreign nationals into working without proper authorization. This misuse of the policy highlighted vulnerabilities in the immigration system, prompting the government to act swiftly.
3. Maintaining System Integrity: Maintaining the integrity of Canada’s immigration system is the IRCC’s primary goal. The government hopes to prevent potential loopholes by discontinuing the arrangement early, guaranteeing that all foreign workers in Canada are permitted and in compliance with immigration laws.
4. Aligning with Economic and Social Goals: The government is prioritizing a fair and balanced immigration system that supports Canada’s economic growth and social development. By terminating the visitor-to-work permit policy, Canada is realigning its immigration policies with its long-term objectives, ensuring that temporary resident levels do not hinder the country’s broader goals.

Detailed Overview of Changes in the Temporary Worker Program in August

In August 2024, Canada introduced several significant changes to its Temporary Foreign Worker Program (TFWP) aimed at reducing the number of temporary foreign workers and addressing labor market challenges.

1. Pause on Certain LMIA Applications: On August 26th, IRCC announced that by September 26th, 2024, it would temporarily halt the processing of some Labour Market Impact Assessment (LMIA) applications under the Low-Wage stream. This pause specifically targets applicants in Census Metropolitan Areas where the unemployment rate is 6% or higher. The aim is to ensure that Canadian workers are prioritized in regions facing higher unemployment and to recalibrate the reliance on temporary foreign labor.
2. Hiring Restrictions: Another significant change is the imposition of a cap on the number of temporary foreign workers that Canadian employers can hire under the TFWP. Employers are now limited to hiring no more than 10% of their total workforce through the TFWP. This measure is designed to encourage employers to focus on hiring and training domestic workers, thereby reducing dependence on temporary foreign labor.
3. Reduced Employment Term: The maximum term of employment for workers in the Low-Wage stream of the TFWP has been reduced from two years to one year. This change is intended to limit the duration of temporary employment and encourage a more rapid transition towards hiring permanent residents or Canadian citizens.

These changes reflect Canada’s broader strategy to manage its labor market effectively, prioritize domestic employment, and ensure that temporary foreign workers are used only when necessary. The government’s focus is on creating a balanced and sustainable labor market that aligns with Canada’s long-term economic and social goals.

Alternative Pathways for Work Permits

With the end of this policy, visitors who wish to work in Canada must now explore alternative immigration pathways. Some of these options include:

• Applying for a Work Permit from Outside Canada: This is the most straightforward alternative, but it requires applicants to leave Canada and submit their work permit application from their home country or another country where they have legal status.
• Provincial Nominee Programs (PNPs): Some provinces offer nomination programs that can lead to work permits and permanent residency. These programs are tailored to the specific labor market needs of each province and may provide a viable option for some visitors.
• Spousal Sponsorship: Visitors married to or in a common-law relationship with a Canadian citizen or permanent resident may be eligible for an open work permit through spousal sponsorship, allowing them to work in Canada while their permanent residence application is processed.
• International Mobility Program (IMP): Under the IMP, certain foreign nationals may be eligible for work permits without a Labour Market Impact Assessment (LMIA). This program includes categories such as intra-company transferees and individuals under international agreements like the Canada-United States-Mexico Agreement (CUSMA).

The end of the visitor-to-work permit policy reflects the dynamic nature of Canada’s immigration landscape. While it may pose challenges for those currently in Canada on visitor status, it also underscores the importance of staying informed about changes in immigration policies and exploring all available options.

It is imperative that visitors to Canada who are now considering the possibility of departing the nation in order to submit an application for a work visa engage with immigration professionals or consultants to make sure they are doing the best course of action possible.

As Canada continues to adjust its immigration policies in response to changing circumstances, staying proactive and informed will be key to successfully navigating the country’s immigration system.

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