A transitory public policy has been implemented that allows some temporary residents in Canada with visitor status to apply for a work visa from within the country. While all visitors to Canada are eligible to apply for an employer-specific work permit under public policy, only those who have previously held a work permit are eligible to apply for interim authorization to work.
The initial public policy went into effect on August 24, 2020, and the qualifying criteria were increased to allow any visitors in Canada with valid temporary residence status, irrespective of when they arrived, to apply overseas for an employer-specific work visa. The government policy will be extended until February 28, 2022.
Objectives of policy
This public policy will allow eligible foreign nationals with valid temporary resident status as visitors to apply for a job offer-supported work permit from within Canada, exempting them from the requirement that a work permit not be issued if they have not met certain temporary residence conditions, and allowing eligible former temporary foreign workers to work while a decision is made.
In order to apply for an employer-specific work permit, visitors must meet certain criteria.
At the time of work permit application submission, the foreign national is in Canada with valid temporary resident status as a visitor, including status extensions under subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR), that is, has maintained status, and has submitted an employer-specific work permit application using the Application to Change Conditions, Extend My Stay, or Reapply
The new status and term of authorised stay will apply if the application is approved.
When status is prolonged under paragraph R183(5), the expiry date of the term of approved stay becomes the decision date on the application submitted if the application is refused.
Eligibility requirements for employment permission on a temporary basis
A former temporary worker who converted to visitor status may also be eligible for interim authorization to work if they match the preceding conditions.
- held lawful temporary resident status at the time of the work permit application and have remained in Canada since;
- even though they are presently merely a guest, they had a valid work permit in the 12 months prior to the date on which they submitted their application for a work permit under this public policy;
- intend to work for the employer and occupation listed by the LMIA or an LMIA-exempt offer of employment contained in their public policy work permit application;
- utilizing the IRCC Webform, applied to IRCC for interim authorization to work in accordance with this public policy; and
- have requested that their work permission be valid until a decision on their work permit application is issued.
Submission of a work permit application
All applications for work permits in Canada must be submitted electronically.
The Come to Canada question flow has been changed to allow applicants to apply for their work permit online. The following actions must be taken by applicants:
Individual questions must be answered correctly. You are currently a guest, and you are seeking for work for a period of more than or less than six months.
“Are you seeking for an employer-specific work permit under the Canada–United States–Mexico Agreement (CUSMA) or under a Public Policy linked to work permits as announced by IRCC?”
“Yes” is the correct response.
A visitor’s application for a work visa is sufficient to meet the public policy eligibility requirements.
Applicants must submit an employer-specific work permit application that includes a Labour Market Impact Assessment (LMIA) or LMIA-exempt offer of employment, as well as a Quebec Acceptance Certificate, if applicable (CAQ).
Those seeking temporary work authorization must submit a new request using the IRCC Webform, as detailed below.
Interim employment authorization for a foreign national
Interim work authorization is not granted automatically. Eligible foreign nationals must use the IRCC Webform to request interim work authorization. Officers should observe one of the following messages from the applicant in the IRCC Webform when the Client Support Centre transmits the incoming web forms. This will indicate that the request will be reviewed in accordance with the public policy.
In public instructions, an example of a template is supplied.
Message for former work permit holders who are pursuing temporary work authorization
Priority Code VISIT2WORK2020: I am requesting that the applicable exemptions be granted until a decision is made on my work permit application or it is withdrawn under the Temporary Public Policy to Exempt Certain Visitors in Canada from Immigration Requirements During the Coronavirus (COVID-19) Pandemic.
On [Date], my previous work permit number U###########################################################
My application for a work permit was submitted online. OR I mailed my application and the postal/courier tracking number is NUMBER.
As stated in the aforementioned work permit application, I want to work for [employer NAME] / [occupation].
I am aware that giving false, misleading, or erroneous information is a violation of the Immigration and Refugee Protection Act, and that doing so may result in enforcement action being taken against me.
Requests for public policy are processed.
Step 1: IRCC Webform receipt
The Client Support Centre (CSC) will segregate these requests and move them to a particular folder for the Centralized Network (CN) to access after the IRCC Webform is received.
Under this unique public policy, CSC may use the key term VISIT2WORK2020 to auto-triage requests.
To guarantee compliance with the public policy, CSC agents will not review or respond to incoming Web forms. They’ll just forward the Web forms to the relevant email folder for CN to review.
Step 2: Evaluation in accordance with public policy
Under public policy, there is a 30-day service standard for assessing requests. Officers should examine the request for public policy consideration to see if any of the following apply:
Under this public policy, a request for assessment has been made.
The information in the request is sufficient to locate the work permit application in the Global Case Management System (GCMS)
In the 12 months prior to the application, the applicant had a valid work visa.
The request for public policy is incomplete.
If any of the following items are missing from the IRCC Webform, the processing officer may issue a rejection notice:
a request for evaluation adequate information to confirm receipt of an employer-specific work permit application an indication that the applicant has held a work permit in the previous 12 months
The following template should be used for the rejection notification. It’s best if this is only a response to the incoming IRCC Webform request. Officers should save the incoming request as a case note or in GCMS under Incoming Correspondence.
Template for a rejection letter [REMOVE ANY PARAGRAPHS THAT ARE NOT APPLICABLE]
I’ve gone over the information you supplied in your IRCC Webform submission.
[During the Coronavirus (COVID-19) Pandemic, you did not file a request for consideration under the Temporary Public Policy to Exempt Certain Visitors in Canada from Immigration Requirements.]
AND [You have not supplied enough information to confirm that you have applied for an employer-specific work permit, which is essential for public policy eligibility.]
AND [You failed to provide information about your previous work permit, which was valid for the past 12 months.] You can submit a request online by following the guidelines.
The request for public policy has been fulfilled.
If the request meets all three criteria, the processing officer should evaluate the material in the work permit application to see if it is complete before making a final judgment.
The requester has not submitted an employer-specific work permit application, which is required by public policy.
If it is determined that the foreign national is not requesting for an employer-specific work permit after reviewing the work permit application, the request does not meet the eligibility conditions. The officer may decide not to handle the application as a priority and may decline the public policy request using the Negativ Response Template.
Step 3: Submit an application for a work permit.
The following are the procedures to follow if the
The application for a work permit is incomplete.
The work permit application has been submitted.
The application for a work permit is incomplete.
Other than biometric enrolment, if the work permit application is incomplete, the processing officer will request additional paperwork and provide the 90-day term granted during the epidemic.
They will also respond to the IRCC Webform email with a favorable or negative public policy assessment conclusion, as well as a case note on their decision.
The protocols to take in the event of a fire are as follows:
a successful public policy decision
a bad government policy decision
For travellers looking for a work permit, this is a good public policy move.
The officer will respond as follows if the request fits the eligibility requirements:
You have been determined to fit the qualifying criteria under the Temporary Public Policy to Exempt Certain Visitors in Canada from Immigration Requirements During the Coronavirus (COVID-19) Pandemic based on the information provided in your request below.
Please print a copy of this email and keep it with your current work permit or authorization to work as proof of ability to work for the indicated employer or occupation until your current work permit application is decided or withdrawn.
The unfavorable government policy choice
If the request does not match the eligibility conditions, the officer will respond to the IRCC Webform email with the following message. Any condition that does not applicable to the specific request shall be removed by the processing officer.
I’ve looked into your request under the Temporary Public Policy to Exempt Certain Visitors from Immigration Requirements in Canada During the Coronavirus (COVID-19) Pandemic.
Your request for consideration under this public policy has been denied because you do not meet at least one of the policy’s eligibility conditions.
- You are not now a temporary resident of Canada.
- You are not requesting a work permit for a specific employer.
- You have not held a work permit in the 12 months prior to your application for a work permit, and you have not requested that the public policy exemptions apply until your work permit application is approved or withdrawn.
The application for a work permit is complete.
If the application is complete, the processing officer will close the case and notify the applicant of the final decision (positive or negative). There is no need to take any further action on the public policy request.
Important: Applicants who labour without authorization are not subject to the prohibition on issue of a work permit under this public policy [R200(3)(e)]. As a matter of public policy, this prohibition has been lifted.
If the work permit application is denied, the processing officer shall state in the refusal letter that the public policy evaluation is also denied because a decision has been reached.
Officers should also include the following under the “Other” denial reason, in addition to the work permit refusal reasons: Because you do not meet the eligibility standards, your request for consideration under the public policy is likewise denied.