Updated: Temporary public policy to exempt certain visitors in Canada from immigration requirements during the coronavirus (COVID-19) pandemic
As a result of the unprecedented upheaval caused by the novel coronavirus (COVID-19) pandemic, many foreign nationals may be in Canada for the foreseeable future without the ability to seek employment as visitors. This includes former temporary foreign workers who transitioned to visitor status upon the expiry of their work permits, visitors who had their plans disrupted by COVID-19 impacts such as international border restrictions, job loss, or illness, and visitors who continue to travel to Canada for non-discretionary and/or compassionate reasons.
Despite increased unemployment across Canada, labour shortages persist in key areas of the Canadian economy, including in sectors such as agriculture and healthcare. In-Canada visitors may have the experience and skills needed to fill the gaps where employers may have previously sought workers from abroad. Allowing visitors to apply for work permits associated with a job offer while in Canada would give foreign nationals with visitor status the ability to support themselves during their time in Canada while also addressing employer needs.
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.
This public policy will:
- permit eligible foreign nationals with valid temporary resident status to apply for a job offer-supported work permit from inside Canada;
- exempt eligible foreign nationals from the requirement that a work permit not be issued if they have not complied with certain temporary resident conditions; and
- allow eligible former temporary foreign workers to work while a decision on their work permit application is pending.
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may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified if:
- The foreign national:
- has submitted an in-Canada work permit application to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not been made; and
- was in Canada with valid temporary resident status when the work permit application referred to in (i) was submitted and has since remained in Canada with valid temporary resident status.
- The foreign national:
- meets the conditions listed in 1;
- held a valid work permit in the 12 months preceding the date on which they submitted their application for a work permit under this public policy;
- intends to work for the employer and/or occupation as specified by the job offer included in their work permit application described in 1(i);
- has applied to IRCC for the public policy exemption listed in (B.) below using the electronic means identified by the department for that purpose; and
- has requested that the exemption listed in (B.) be applicable until a decision is made on their work permit application described in 1(i).
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 work permit application is withdrawn:
- For foreign nationals who meet the conditions listed in 1:
- Paragraphs 199(a) to (i) - the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
- Paragraph 200(3)(e) - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.
- For foreign nationals who meet the conditions listed in 2:
- Paragraph 183(1)(b) - the condition to not work unless authorized by Part 9 or 11 of the Regulations.
- 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, or another, public policy.
Effective date and expiration
This public policy takes effect on April 1, 2021 and expires on August 31, 2021.
Marco E. L. Mendicino, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 22nd day of March 2021
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