Temporary Public Policy for Foreign Skilled Workers in Canada

The labor shortage in Canada is a growing concern for employers, and global pandemic has further compounded this issue by making it difficult for foreign workers to enter the country. Foreign skilled workers who are currently in Canada as visitors may be eligible to apply for a work permit under a temporary public policy. This policy was set in place on August 24, 2020—during the COVID-19 pandemic—and will remain in effect until February 28, 2025. However, it is important to note that visitors to Canada are generally not permitted to apply for a work permit while in the country.

To be eligible for an employer-specific work permit, the foreign national must meet the following requirements:

1. Hold a valid temporary resident status as a visitor in Canada and maintain that status at the time of the work permit application filing
2. Submit an Application to Change Conditions, Extend My Stay or Remain in Canada on form IMM 5710
3. Remain in Canada with status throughout the processing period of the work permit application and intend to stay in Canada during this time
4. File the work permit application on or before February 28, 2025

Additionally, former work permit holders who have converted to visitor status may be eligible for an interim authorization to work if they meet the following requirements:

• Hold valid temporary resident status at the time of the work permit application filing
• Held a valid work permit in the 12 months prior to filing the work permit application under this policy
• Intend to work for the employer and occupation specified in the Labour Market Impact Assessment (LMIA) or LMIA-exempt offer of employment
• Applied to the Immigration, Refugees and Citizenship Canada (IRCC) for an interim authorization to work using the IRCC web form
• Have requested that the authorization to work be applicable until a decision is made on their work permit application
• Intend to remain in Canada throughout the processing period of the work permit application

It is important to note that a foreign national must hold valid temporary resident status to work in Canada, except when specifically exempted from holding a work permit under the legislation. Anyone who works without authorization is in violation of the Immigration and Refugee Protection Act and can be reported and removed from Canada.

Employers should examine the immigration document of prospective employees to ensure they hold a valid work permit and have not violated immigration legislation by working without authorization. Failing to do so can result in serious consequences, including hefty fines and potential legal action, for both the employer and the employee.

If a foreign national has a valid work permit or had one in the past 12 months and is now a visitor, and has not violated immigration legislation by working without authorization, they may be eligible for the policy outlined above.

For an employer looking to hire foreign workers, it is equally important to understand the immigration laws and regulations in Canada. To learn more on the guidelines−provided by the Government of Canada− to help navigate the hiring process of foreign skilled workers, click here.

For more information about Canadian immigration for temporary public policy foreign nationals, please contact Bruce Harwood from our Immigration Practice Group.