Further details released by the Canadian government concerning those who can apply for an employer-specific work permit from within Canada without the requirement of having to leave the country for the same.
Benefiting temporary residents with job offers, a temporary public policy – Public policy exempting certain visitors in Canada from immigration requirements: COVID-19 program delivery – allows certain temporary residents that are in Canada on a visitor status to apply for a work permit from within the country.
As per the announcement by Immigration, Refugees and Citizenship Canada [IRCC], “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.”
Effective August 24, 2020, the temporary public policy will remain in effect until March 31, 2021.
Applications that are received either on or prior to March 31, 2021 might benefit from this public policy.
Foreign nationals found to be eligible under the public policy will not be denied a work permit if they have not complied with certain of the conditions attached to their temporary resident status in Canada.
Moreover, eligible former temporary foreign workers might be allowed to work while awaiting a decision on their work permit.
To be eligible for applying for an employer-specific work permit without leaving Canada, the foreign national must be in the county with legal visitor status. Such foreign nationals might also be in Canada on an implied status.
The temporary public policy aims at –
|Permitting eligible foreign nationals that are in Canada with valid temporary resident status [as visitors] to apply – from within the country – for a job offer-supported work permit.|
|Exempting eligible foreign nationals from the requirement that a work permit will not be issued for non-compliance with certain temporary residence conditions.|
|Allowing eligible former temporary foreign workers to work during the time that a decision is pending on their work permit application.|
As part of the eligibility requirements for visitors in Canada to apply for an employer-specific work permit, the foreign national must be –
|In Canada on a valid temporary resident status of a visitor. This includes status extensions as well, that is, implied status.|
|Physically present in Canada on August 24, 2020, and remaining in Canada since.|
|Submitting a work permit application within Canada for an employer-specific work permit.|
Note. – Wherever the status has been extended, the expiry date of the period of authorized stay allowed in Canada will be the decision date on the application submitted.
In order to be granted an interim authorization to work, the former temporary worker that had converted to ‘visitor’ status must meet all the following conditions –
|Temporary resident status of a visitor in Canada, been physically present in the country on August 24, 2020, and have remained in Canada since then.|
|Held a valid work permit – even though they are now a ‘visitor’ – in the 12 months before the date of submitting their work permit application under this public policy.|
|An intention of working for the employer and occupation mentioned in their offer of employment included in the work permit application submitted under the temporary public policy.|
|Applied – using the IRCC Web Form – to IRCC for interim authorization for working under the public policy.|
|Requested that the authorization to work be applicable until the time that a decision is reached on their work permit application.|
All work permit applications that are submitted from within Canada must be submitted electronically. Exceptions are there for specific programs not available in the online process.
Announced on August 24, the temporary public policy “will benefit employers in Canada who continue to face difficulties finding the workers they need, as well as temporary residents who would like to contribute their labour and skills to Canada’s recovery from the COVID-19 pandemic”.
If you are looking to Work, Study, Invest, Visit, or Migrate to Canada, talk to Y-Axis, the World’s No. 1 Immigration & Visa Company.
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