CIMM - Permits, Processing Times, Backlog, Expired Work Permits
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Key messages
- The Government is committed to processing priority applications as quickly as possible, which includes Canadians attempting to return, people who perform or support essential services, and vulnerable populations.
- In consultation with Employment and Social Development Canada, my Department is also prioritizing applications from workers in essential occupations, where labour is most needed to ensure sufficient food supply and to protect the health of Canadians.
- For foreign nationals who currently hold a work permit, we are encouraging people to apply online before their current permit expires to allow them to continue working (i.e., implied status) until their new application is processed.
Supplementary messages
- Temporary foreign workers who are in Canada and whose temporary resident status will soon expire are being advised to apply online to extend their status before it expires.
- This allows them to maintain their temporary resident status in Canada while their extension is processed by Immigration, Refugees and Citizenship Canada. By doing so, their period of authorized stay as a temporary resident is extended by operation of law (this is referred to as implied status).
- In addition to maintaining their temporary resident status, they are authorized to continue to work without a permit while their application for renewal of their work is processed by Immigration, Refugees and Citizenship Canada. They cannot change employers and must continue to abide by the conditions of their expired permit until the new work permit is received.
- Immigration, Refugees and Citizenship Canada has consistently emphasized this in interactions with provinces and territories, stakeholders and parliamentarians.
- A public policy has also been put in place that will allow temporary foreign workers in Canada with a new job offer and accompanying Labour Market Impact Assessment (where required) to start work right away while their work permit application is processed. This will help ensure labour mobility.
- For overseas work permits, the processing focus has been on essential workers needed to sustain Canada’s food supply and support health care systems.
- Processing challenges for work permits include access to paper files (as most migration offices overseas are operating at greatly reduced capacity) and an inability for many applicants to submit biometrics or complete a medical exam in support of their applications; the temporary public policy to waive biometrics collection overseas is applicable to essential workers where they have made an application for a work permit.
- The Department has prioritized processing of applications to extend or change conditions to work permits, although a large portion of the inventory cannot be finalized due to lack of available biometrics. The processing focus remains on critical lines of business.
- Applications for the Global Skills Strategy and International Experience Canada are currently being processed for clients in essential occupations only. Application intake is ongoing for the Global Skills Strategy but no invitations to apply for International Experience Canada have been sent since mid-March.
Supporting facts and figures
- As of May 25, 2020, Immigration, Refugees and Citizenship Canada received close to 128,000 applications for work permit extensions in 2020, 5% more than in 2019 and 32% more than in 2018.
- The Department continues to process work permit extension applications and the number of the work permits extensions issued has remained high through April and May. As of May 25, 2020, more than 110,000 work permit extensions were authorized, 17% more than in 2019 and 30% than in 2018 fort the same period.
- The 36,000 agricultural work permits approved year-to-date represent an increase of 9% compared to the same period last year.
- Year-to-date work permit processing times (January 1 to May 25, 2020) for both the International Mobility Program and the Temporary Foreign Worker Program, at 36 and 35 days respectively, are lower compared to the same period last year (2019 processing times were 44 and 54 days respectively).
- The volume of work permit applications finalized (including extensions) has kept pace with intake, with 203,000 applications finalized; this represents a decrease of 11% compared to 2019.
Background
- A number of temporary residents in Canada with valid work authorization, including international students and spouses of students and skilled workers, already hold work permits that allow them to change employers quickly and easily, without having to inform the Department. In 2019, close to 70% of all work permits issued were open work permits that allow a foreign worker to change employers at any time.
- Moreover, all workers in Canada have legal options to apply to extend their stay in Canada should their employer choose to extend their employment, or if they find a new job. Through mid-April, approximately 91,000 such applications had been received this year— a 7% increase over 2019 intake. The majority of these workers are allowed to continue to work while their application is processed. However, some work permit holders are not allowed to start working in a different job or for a new employer until they both apply for and receive a new work permit.
Canada’s two temporary foreign worker programs:
- The Temporary Foreign Worker Program (administered by Employment and Social Development Canada) helps employers who are unable to fill labour market needs where Canadians or permanent residents are not available. This program includes agricultural workers and other workers who require a Labour Market Impact Assessment. Approximately 95,700 foreign nationals (out of 405,000) were issued a work permit in 2019 under this program. Over 56,000, or 59%, of these permits were issued to agricultural workers. Other occupations under the Temporary Foreign Worker Program include caregivers and some high-skilled foreign nationals (including graphic designers and computer engineers) under the Global Talent Stream.
- The International Mobility Program (administered by IRCC) facilitates the entry of foreign nationals under international agreements (e.g., trade agreements), where their employment is deemed to create significant social, economic, or cultural benefit to Canada, or where the work creates reciprocal opportunities for Canadians and permanent residents to work abroad. This program exempts applicants from a Labour Market Impact Assessment. Approximately 307,000 foreign nationals (out of 405,000) were issued a work permit in 2019 under this program. 32% or 98,000, of these permits were issued under the post-graduate work permit program. Other populations who receive work permits under the International Mobility Program include International Experience Canada participants, spouses of skilled workers and students, and work permits issued pursuant to trade agreements including the Canada-United States-Mexico Trade Agreement.
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