Visitors no longer allowed to apply for work permits from within Canada
Temporary residents in Canada on a visitor visa are no longer permitted to apply for a job-supported work permit from within Canada.
The temporary policy allowing visitors to apply for these work permits was introduced in August 2020 to assist some visitors in Canada who were unable to return home because of border closures related to the COVID-19 pandemic—with the further aim of aiding employers to fill key labour gaps, by allowing some visitors who met certain conditions to apply for a job-supported work permit from inside Canada.
Note: Some visitors in Canada may still apply for other kinds of work permits from within the country. In addition, some applications (like those for a Bridging Open Work Permit (BOWP)) must be submitted from inside Canada, and cannot be submitted from outside the country.
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Initially, the policy was meant to expire on February 28, 2025. However, Immigration, Refugees, and Citizenship Canada (IRCC) says it is ending the policy now as “part of our overall efforts to recalibrate the number of temporary residents in Canada and preserve the integrity of the immigration system.”
The Department says applications submitted under the policy before August 28 will continue to be processed.
Crackdown on bad actors
IRCC says that part of this early rollback is because it has been made aware that “bad actors were using the policy to mislead foreign nationals into working in Canada without authorization.”
This ties into the department’s ongoing efforts to combat widespread immigration fraud, as well as reduce temporary resident levels.
For example, last year 700 Indian international students were found to be in Canada due to false letters of acceptance from Designated Learning Institutions (DLIs). Many of them were unaware that their letters were not genuine.
In response, IRCC now requires that DLIs verify all letters of acceptance within 10 days of receiving an international student application. It has also capped the number of international students that Canada will accept for the next two years.
Bigger changes to temporary foreign worker levels in Canada: A Significant Shift in Immigration Policy
These changes aim to reduce the number of temporary foreign workers in the country and prioritize the interests of Canadian workers.
Key Changes to the TFWP
Pause on LMIA Processing: IRCC has announced a temporary pause on processing LMIA applications for certain low-wage workers in regions with high unemployment rates.
Cap on Foreign Worker Hiring: Employers are now limited to hiring no more than 10% of their total workforce through the TFWP.
Shorter Employment Terms: The maximum term of employment for workers in the Low-Wage stream has been reduced from two years to one year.
Government's Rationale
The Canadian government's decision to tighten the TFWP is driven by several factors, including:
Protecting the interests of Canadian workers: The government aims to ensure that Canadian workers have priority access to available jobs.
Managing temporary resident levels: By reducing the number of temporary foreign workers, the government can help to manage the overall number of temporary residents in Canada.
Addressing concerns about immigration fraud: The TFWP has been associated with cases of immigration fraud, and the government is taking steps to address these issues.
What are the specific reasons for the early termination of the temporary work permit policy for visitors?
According to Immigration, Refugees, and Citizenship Canada (IRCC), the early termination of the temporary work permit policy for visitors was due to several factors:
Preservation of immigration system integrity: The government aimed to maintain the integrity of the immigration system by recalibrating the number of temporary residents in Canada.
Detection of fraudulent activity: IRCC identified instances where bad actors were misusing the policy to mislead foreign nationals into working in Canada without authorization.
Reduction of temporary resident levels: The government's broader strategy to reduce the overall number of temporary residents in Canada influenced this decision.
How can visitors who are currently in Canada and affected by the policy change transition to a different immigration status or find alternative employment opportunities?
Explore other work permit categories: There may be other types of work permits available to visitors, such as employer-sponsored work permits or specific work permits for international students.
Apply for a Bridging Open Work Permit (BOWP): If eligible, visitors can apply for a BOWP to maintain their legal status in Canada while seeking alternative employment or exploring other immigration options.
Consider study permits or other immigration programs: Visitors may be able to transition to a different immigration status, such as a student permit or a permanent residence application, if they meet the eligibility criteria.
What specific measures has IRCC implemented to combat immigration fraud and misleading practices, and how effective have these measures been?
IRCC has implemented several measures to combat immigration fraud and misleading practices, including:
Increased verification of documents: IRCC has strengthened document verification processes, such as requiring designated learning institutions (DLIs) to verify letters of acceptance within 10 days.
Capping international student intake: The government has imposed temporary caps on the number of international students accepted to help prevent fraudulent admissions.
Enhanced fraud detection: IRCC has invested in technology and resources to improve fraud detection capabilities.
Public awareness campaigns: IRCC has conducted public awareness campaigns to educate potential immigrants about the risks of fraud and provide guidance on how to avoid scams.
What are the anticipated long-term consequences of the changes to the Temporary Foreign Worker Program (TFWP) on Canada's labor market and economy?
Labor shortages in certain sectors: The restrictions on foreign worker intake may lead to labour shortages in sectors that rely heavily on temporary foreign workers.
Increased reliance on domestic workers: Employers may need to prioritize hiring domestic workers or explore alternative strategies to fill labour gaps.
Impact on wage levels: The changes may affect wage levels in certain sectors, as employers may need to offer higher wages to attract domestic workers.
Economic growth: The overall impact on Canada's economy will depend on various factors, including the effectiveness of alternative labour strategies and the overall health of the economy.
How are the recent immigration policy changes likely to impact Canada's reputation as a welcoming and diverse country?
The recent immigration policy changes may have a negative impact on Canada's reputation as a welcoming and diverse country. Some concerns include:
Perception of reduced openness: The changes may be perceived as a sign of reduced openness to immigration, particularly for temporary residents and foreign workers.
Impact on international students: The restrictions on international student intake may deter some students from choosing Canada for their studies.
Economic implications: Changes that limit immigration may have negative economic consequences, as immigrants can contribute to economic growth and innovation.
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Advice for Individuals Considering Immigration to Canada
For individuals considering immigration to Canada, it is important to stay informed about the latest updates to immigration policies. This can be done by following news reports, consulting with immigration professionals, and visiting the Immigration, Refugees, and Citizenship Canada (IRCC) website.
It is also advisable to develop a comprehensive immigration plan that takes into account your personal circumstances, qualifications, and career goals. This plan should include information on the appropriate immigration pathway, the necessary documentation, and the expected timeline for the application process.
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Conclusion
The Canadian government's decision to tighten immigration rules represents a significant shift in its approach to temporary residents. While these changes may have both positive and negative consequences, it is clear that the government is committed to managing temporary resident levels and protecting the integrity of the immigration system.
As Canada continues to navigate the complexities of immigration, it is important to stay informed about the latest developments and to plan accordingly. By understanding the implications of these changes and taking proactive steps, individuals can increase their chances of successfully immigrating to Canada and building a new life.
FAQs on Canada's Immigration Policy Changes
What are the implications of the end of the temporary work permit policy for visitors already in Canada?
Visitors already in Canada who were planning to apply for a job-supported work permit will need to explore alternative options. They may be able to apply for a different type of work permit, such as a work permit based on a job offer from a Canadian employer. However, the specific requirements and eligibility criteria will vary depending on the type of work permit.
How can I apply for a work permit if I am a visitor in Canada?
If you are a visitor in Canada and want to apply for a work permit, you will need to submit an application to Immigration, Refugees, and Citizenship Canada (IRCC). The specific requirements will depend on the type of work permit you are applying for. It is recommended to consult with an immigration professional for personalized guidance.
What are the consequences of working in Canada without authorization?
Deportation: You may be deported from Canada.
Ban: You may be banned from re-entering Canada for a period of time.
Employment restrictions: You may face restrictions on future employment in Canada.
Legal penalties: You may be subject to fines or other legal penalties.
What are the new requirements for international students to study in Canada?
Designated Learning Institutions (DLIs) are now required to verify all letters of acceptance within 10 days of receiving an international student application. Additionally, there is a cap on the number of international students that Canada will accept for the next two years.
How can employers find and hire foreign workers through the TFWP?
Employers can find and hire foreign workers through the Temporary Foreign Worker Program (TFWP) by:
Conducting a Labour Market Impact Assessment (LMIA): This assessment determines whether there are suitable Canadian workers available for the job.
Getting a work permit: Once the LMIA is approved, the employer can apply for a work permit for the foreign worker.
Complying with program requirements: Employers must comply with various program requirements, such as paying the foreign worker a wage that is at least equal to the prevailing wage for the job.
What is the government's plan for reducing temporary resident levels in Canada?
Tightening eligibility criteria for work permits.
Reducing the number of international students allowed to enter Canada.
Enforcing stricter rules on immigration fraud.
Increasing the number of permanent residents accepted each year.
What are the long-term implications of these changes for Canada's immigration system?
Shortages of essential workers in certain sectors.
Slower economic growth.
A decline in Canada's international reputation.
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