Abrupt End To Visitors’ Ability To Apply For A Work Permit In Canada

Key Takeaways

• Effective immediately, visitors to Canada can no longer apply for a work permit from inside Canada, 
• Visitors in Canada must now explore alternative routes to be able to work in Canada, while maintaining their status.
• The urgent effectiveness of this notice confirms IRCC’s commitment to adjust the number of temporary residents in Canada.

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What Does This Mean For Visitors In Canada Needing a Work Permit?

The public policy now being revoked allowed: 

• Eligible foreign nationals with valid temporary resident status to apply for a job offer-supported work permit from inside Canada;
• Eligible foreign nationals to be exempt from the requirement that a work permit not be issued if they have not complied with certain temporary resident conditions; and
• Eligible former temporary foreign workers to work while a decision on their work permit application is pending.

This public policy was set to expire on February 28, 2025. Immigration, Refugees and Citizenship Canada (IRCC) has ended this early as part of broader efforts to adjust the number of temporary residents in Canada and maintain the integrity of the immigration system.

This means that as of August 28, 2024, visitors in Canada will no longer be allowed to apply for a work permit from within Canada. IRCC will however continue to process applications submitted before August 28, 2024, according to the public policy.

What Options Do Visitors Have To Apply For A Work Permit Whilst Residing In Canada?

This notice prevents visitors from making an in-Canada application, but there are still many options available for a visitor who resides in Canada to apply for a work permit. These include:

1. Outside Canada application;
2. Port of Entry application.

Outside Canada Application: Visitors who reside in Canada can still apply for a work permit while in Canada, but they will need to submit an outside Canada application rather than an inside Canada application. We will go into the differences between the two application types below. 

Port of Entry Application: Some visitors may apply for a work permit at a Canadian port of entry. However, this is limited to applicants who do not require a temporary resident visa (“visitor visa”) to enter Canada. Certain work permit programs like the International Experience Canada and the Post-Graduation Work Permit cannot be applied for at a port of entry. 

What is the Difference Between Inside Canada and Outside Canada Applications?

Inside Canada work permit application is still available to certain individuals already in Canada, allowing them to apply for or extend their work permits while remaining in Canada. 

Those that can still benefit from inside Canada processing include:

• Those with a valid study or work permit or those who are eligible to restore their study or work permit, except those applying under the International Experience Canada program. 
• Individuals with a spouse, common-law partner or parent who has a valid study or work permit.
• In Canada students who are eligible for the post-graduation work permit and hold a valid study permit.
• Individuals and spouses, common-law partners or parents with a temporary resident permit that is valid for 6 months or more.
• In Canada residents waiting on a decision on an application for permanent residence under a family sponsorship program or temporary resident permit holder class.
• Individuals who have made or will make a claim for refugee protection or those recognised as a convention refugee or protected person by the Immigration and Refugee Board of Canada.
• Individuals who are permitted to work in Canada without a work permit.
• Workers in possession of a work permit issued under the Canada–United States–Mexico Agreement (CUSMA).

Inside Canada applications offer the applicant the possibility to stay in Canada under maintained status until a decision is made on their work permit application. 

In contrast, an outside Canada work permit application must be submitted to an outside of Canada processing office, determined by the applicant’s country of citizenship (applicants must state the country where they are applying from in the application form), and often comes with additional application requirements when compared to inside Canada applications. Outside Canada applications also face a higher risk of refusal and a potential lack of processing agents’ knowledge of provincial/territorial labour needs. 

Outside Canada applications will not extend the applicant’s stay in Canada. Therefore, additional applications may need to be made for the applicant to remain in Canada legally during the processing of their work permit application. In addition, if an interview is required as part of the application, the applicant will need to travel to the processing office and risk not being able to re-enter Canada in the future.

What can affected visitors in Canada do now?

Current and future visitors in Canada who intended to apply for a work permit before the February 2025 deadline initially posted by IRCC, but who now face a lack of clarity about their options or feel in limbo, may consider booking a consultation with a Regulated Canadian Immigration Consultant. Here is a small selection of trusted RCICs that offer consultations.