The Rise of Dummy Work Permits: A Word of Caution for Applicants

But while it might seem like a clever idea, this choice comes with real risks. In this article, we’ll explain what a dummy work permit is, why people are applying for them, and what could go wrong. It’s not meant to be legal advice, just a helpful warning for anyone thinking about going down this route, so you can weigh up the pros and cons. 

Key Takeaways: 

• A dummy work permit application is an application made when you know you are not eligible. 

• Dummy work permits may seem like a strategic move but can lead to serious legal consequences. 

• IRCC is aware of these tactics and has responded to similar situations in the past. A crackdown is likely, especially as misuse grows. 

• We do not know how IRCC will handle the growing number of dummy applications submitted. 

We discussed this in-depth in a recent live webinar. Check it out:

What is a Dummy Work Permit? 

A dummy work permit is when someone sends a work permit application to Immigration, Refugees and Citizenship Canada (IRCC) even though they know they don’t qualify for one. 

People usually do this to stay in Canada on maintained status, which means they can keep living and working in Canada legally while they wait for IRCC to respond. But these applications may not be truthful, and they are often missing important documents. After all, if you’re not eligible, it’s hard to send in a complete and honest application. 

This might seem like a smart move now, but it can lead to serious problems later on. 

Why Are People Applying for Dummy Work Permits? 

More people are thinking about dummy work permits lately, and here’s why: 

1. Extended In Canada Processing Times 

Work permit applications from inside Canada are now taking about 238 days to process, that’s almost 8 months. If someone applies before their current permit expires, they can stay in Canada and may be able to keep working under maintained status while they wait. This long wait gives applicants time to earn more Canadian work experience, which can boost their CRS score for Express Entry and improve their chances of getting permanent residency. 

2. Fewer Express Entry and PNP Draws  

Although we were promised an in-Canada focus from the latest Immigration Levels Plan, we are yet to see this play out in real life. With a lack of draws targeting in Canada applicants, many are stuck trying to work out a way to stay in Canada, until they have more concrete PR options.  

3. Trying to Stay in Status 

Tied to the above, some applicants are worried about losing their legal status in Canada. Even if they know they don’t qualify for a work permit, they submit a dummy application to buy time, hoping to stay longer while they plan their next move. 

To many, the chance to keep working and improve their PR options is too good to pass on. But there could be serious consequences to this.  

What Are the Risks of a Dummy Work Permit Application? 

Dummy work permits may seem like a quick fix, a way to buy time or gain more experience, but they can lead to serious problems. With a growing number of questionable applications, it’s only a matter of time before IRCC starts cracking down more aggressively. Again, this is not meant to be legal advice, just a helpful warning for anyone thinking about taking this route. 

Misrepresentation:  

If you directly or indirectly misrepresent yourself or withhold facts in your application, IRCC may find you inadmissible.  

For instance, you apply to extend your Post-Graduation Work Permit (PGWP) when you know (or should have known) a PGWP cannot be extended (except in a few exceptional circumstances). This could lead to an error in the administration of the act, i.e. IRCC could issue you a PGWP extension when you are not entitled to one.  

This is a big deal. If IRCC refuses your application with a finding of misrepresentation, you will be inadmissible to Canada for 5 years. 

Non-Compliance with the Act:  

Misrepresentation is just one-way IRCC could find you inadmissible to Canada.  

You might think you’re taking advantage of a loophole, but you’re not the first to try. A few years ago, people were submitting dummy work permit applications to extend their stay and rack up work experience. It seemed to work until it didn’t. 

IRCC began returning these applications as incomplete rather than refusing them. Here’s why that distinction matters: 

Refused Application: If you’re on maintained status, your legal stay continues until the refusal date. You then have 90 days from that refusal to restore your status, and therefore remain compliant with the immigration act. 

Returned Application: It’s treated as though it was never submitted. That means your original permit expiry date stands. If it takes IRCC 7 months to return your file, your 90-day restoration window may have lapsed, leaving you out of status for an extended period of time. What’s more, if you have continued to work during this time, you will also have worked without legal authorization. 

This means that you could be found inadmissible for non-compliance in any future application.  

In the past, IRCC didn’t issue interim work authorization letters the way they do now, so the current consequences aren’t clear-cut. Either way, internal documents from 2023 show IRCC is aware of these types of applications. But the reality is, we don’t know how IRCC will treat these dummy applications going forward. 

There are suggestions that IRCC may begin early triage of applications to identify dummy submissions upfront, potentially removing any short-term benefits these applications might offer. Others have speculated that IRCC is flagging applicants or representatives associated with dummy applications, possibly signaling future consequences. 

With so much still unknown, it’s crucial to understand the risks before applying for something you may not be eligible for. Only then can you make an informed decision about whether the potential gain is worth the possible consequences.