Temporary public policy to exempt foreign nationals in Canada from certain requirements when changing employment during the coronavirus (COVID-19) pandemic

Background:

In addition to Canadians who have been laid off as a result of the Coronavirus (COVID-19) pandemic, temporary residents already in the country who may be unable to return home due to travel restrictions or other challenges could help fill labour market shortages resulting from the pandemic. This is particularly true in sectors where temporary foreign workers have traditionally made important contributions, such as agriculture, where well-documented shortages resulting from a reduction of temporary workers coming to Canada and the unavailability of Canadians and permanent residents puts Canada’s food security at risk. While the Government of Canada recognizes that Canadians must be first in line for available jobs, steps could be taken to enable temporary foreign workers already in Canada to continue to work and to fill critical shortages faster.

Therefore, the objectives of this public policy are twofold: First, to allow temporary foreign workers already in Canada who are changing jobs or employers, and who have secured a job offer under the terms of either the Temporary Foreign Worker Program or International Mobility Program, to more quickly begin work in advance of a final decision on the work permit application; and second, to allow for the finalization of the aforementioned work permit application so as to better ensure workers are protected under relevant employer compliance regulations.

Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Accordingly, measures are set out below to enable foreign workers, in Canada with valid work authorization, who are required to obtain a new work permit before commencing a new job, to begin working in a new job while their work permit application is pending. The measures include an exemption from the requirement found at paragraph 12.1(h) of the Immigration and Refugee Protection Regulations to provide biometrics in support of the work permit application where the Service Canada office serving the area where the applicant lives is temporarily closed and is not collecting biometrics due to the pandemic.

Individuals expected to benefit from these measures include foreign nationals who:

1. are on “implied status,” meaning they are authorized to work while their work permit application is pending, but who are bound to the conditions imposed on their expired work permit such that they cannot move to a new occupation or employer while on implied status;
2. continue to hold a valid work permit that limits them to working for a named employer, but need to transition to a different occupation or employer for reasons that may include having been laid-off due to COVID-19 impacts; or
3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified below if the foreign national:

1. is in Canada with valid temporary resident status;
2. meets the requirements of paragraphs 199(a) or 199(b) of the Immigration and Refugee Protection Regulations;
3. has submitted a work permit renewal application under subsection 201(1) of the Immigration and Refugee Protection Regulations to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of those regulations, for which a decision has not yet been made, or has submitted a new work permit application to perform work described in paragraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not yet been made;
4. intends to work for a new employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
5. has applied for the public policy exemption using the electronic means identified by the department for that purpose; and
6. has requested that the exemption be applicable until a decision is made on their work permit application.

Provisions of the Regulations for which an exemption may be granted, if applicable, until a decision is made on the work permit application or the application is withdrawn:

• Paragraph 12.1(h) - the requirement to provide biometric information in support of an application for a work permit or renewal of a work permit, if the foreign national lives in an area where the Service Canada office serving that area is not collecting biometrics due to the COVID-19 pandemic.
• Paragraph 183(1)(b) - the condition to not work unless authorized by Part 9 or 11 of the Regulations.
• Subparagraph 185(1)(b)(i) to (iv) - the obligation to comply with conditions imposed regarding the type of work, the employer and times and periods of work a temporary resident is permitted to engage in, or prohibited from engaging in, in Canada.
• Section 196 - the requirement to be authorized to work in Canada by a work permit or the Regulations.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this public policy.

Effective date and expiration

This public policy takes effect on May 6, 2020.

This public policy is in effect until it is revoked by the Minister of Immigration, Refugees and Citizenship Canada.