In a significant shift in immigration policy, Canada has ended a temporary measure that allowed visitors on a visitor visa to apply for work permits from within the country. This decision marks a return to pre-pandemic regulations and has important implications for foreign nationals currently in Canada on visitor visas, as well as those planning to visit in the future.
Background: Temporary Policy During COVID-19
The policy allowing visitor visa holders to apply for work permits from within Canada was introduced as a temporary measure in August 2020, during the height of the COVID-19 pandemic. The goal was to address labor shortages and support economic recovery by enabling foreign nationals already in Canada to contribute to the workforce without leaving the country to obtain a work permit. This was particularly useful at a time when international travel was heavily restricted, and many businesses were facing staffing challenges.
Under this policy, foreign nationals who entered Canada on a visitor visa (Temporary Resident Visa) and received a valid job offer could apply for an employer-specific work permit without having to leave the country. This was a significant departure from the usual requirement for individuals to apply for work permits from outside Canada.
The End of the Policy
On July 31, 2024, the Canadian government announced that it would end the temporary policy. As of August 28, 2024, visitor visa holders are no longer allowed to apply for work permits from within Canada. Instead, they must now follow the traditional process, which typically involves applying for a work permit from outside the country and waiting for approval before entering Canada.
This decision is part of Canada’s efforts to return to pre-pandemic immigration protocols. With the pandemic’s impact diminishing and international travel returning to normal, the government believes that there is less need for such temporary measures.
Implications for Visitor Visa Holders
The end of this policy has several implications for visitor visa holders and employers in Canada:
1. Increased Complexity for Foreign Nationals: Those currently in Canada on a visitor visa can no longer transition seamlessly to a work permit without leaving the country. They will need to return to their home country or another foreign location to apply for a work permit, which can involve additional time, expense, and uncertainty.
2. Impact on Employers: Employers who have relied on this temporary policy to quickly fill labor shortages with foreign workers already in Canada may face challenges. They will need to revert to the standard hiring process, which can be longer and more cumbersome. This may affect sectors that are still experiencing labor shortages and have relied on a steady influx of temporary workers.
3. Adjustment Period: There is likely to be a transition period as both employers and potential employees adjust to the reinstated rules. Employers may need to plan further ahead for their staffing needs and may face delays in hiring foreign workers.
Reasons Behind the Decision
The Canadian government has not provided a detailed explanation for ending the policy but has indicated that it is part of a broader effort to return to pre-pandemic normalcy in immigration policies. The move may also be motivated by a desire to better manage the immigration process and ensure that foreign workers are entering Canada through the appropriate channels.
Additionally, by reinstating the pre-pandemic rules, Canada may be aiming to prioritize its immigration resources and streamline the processing of work permits and other applications. This could help reduce backlogs and improve overall efficiency in the immigration system.
Alternatives for Foreign Nationals
For foreign nationals who wish to work in Canada, there are still several pathways available:
1. Express Entry: Skilled workers can apply through the Express Entry system, which offers a pathway to permanent residence based on factors like work experience, education, and language proficiency.
2. Provincial Nominee Programs (PNPs): Many provinces in Canada have their own immigration programs that target specific labor market needs. These programs often offer expedited pathways for foreign workers with skills in demand.
3. Employer-Specific Work Permits: Employers can apply for a Labour Market Impact Assessment (LMIA) to hire foreign workers. If approved, this allows the foreign national to apply for a work permit from outside Canada.
4. Study Permits with Work Rights: Students in Canada on a study permit may be eligible to work part-time during their studies and full-time during breaks. After completing their studies, they may also be eligible for a post-graduation work permit.
Conclusion
The decision to end the policy allowing visitor visa holders to apply for work permits from within Canada represents a significant shift in Canada’s approach to immigration. While it may create some challenges for foreign nationals and employers in the short term, it aligns with the government’s broader efforts to return to pre-pandemic immigration policies. Those affected by this change will need to explore alternative pathways and plan accordingly to continue their journey towards working in Canada.
As Canada adjusts to this policy change, it will be important for both foreign nationals and employers to stay informed about the latest immigration rules and regulations to navigate the system effectively.
