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Temporary Foreign Worker Expedited Work Permit and Job Change Public Policy

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateMay 6, 2020
CategoryLabour mobility / foreign workers

Policy effect

Allowed temporary foreign workers in Canada who held a valid work permit or authorization to quickly transition to a new employer before their official work permit application was finalized, providing interim work authorization.

Conditions and exceptions

Validated condition or limit: Allowed temporary foreign workers in Canada who held a valid work permit or authorization to quickly transition to a new employer before their official work permit application was finalized, providing interim work authorization.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… rtages 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 th … e 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 r … equirements 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 p … 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 … rovide 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 perm … it 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 th … e 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 *Immigrati … 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, Re … fugees and Citizenship Canada. Marco E. L. Mendicino, P.C., M.P. Minister of Immigration, Refugees and Citizenship Dated at Ottawa, this 6th day of May 2020 ## Page details 2021-01-12 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html) ### Government of Canada - [All contacts](https:/ …
Government of Canada / IRCCImmigration, Refugees and Citizenship Canada, "Temporary public policy to allow foreign workers to work while their application for an employer-specific work permit is being processed", Canada.ca.Open official source
Retrieved from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/tfw-interim-work-authorization.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record repair-fcp3-a459cbcfe1b323058285. Something wrong? Flag this record.

Other Canada changes operative in 2020