From a Canada visitor visa to a work permit
Visitors in Canada with a valid job offer can still apply for a work permit without leaving the country. Those who had a work permit within the past year can also request interim work authorization for a faster start with their new employer. This temporary public policy, initially set to expire today due to the pandemic, has been extended for 2 more years until February 28, 2025. Keeping this policy intact allows Canadian employers to consider visitors as potential employees, especially since many are experiencing labor shortages during this economic boom.
Prior to this temporary policy change, those applying to work in Canada had to obtain their initial work permit before coming to Canada. When they applied for a work permit, they would have to leave Canada if they were already in Canada with visitor status. However, with this policy in place, it is not necessary for them to leave Canada.
An applicant seeking to benefit from this temporary public policy must meet the following requirements:
On the day they apply, they must be a visitor in Canada
A job offer that is accompanied by a labour market impact assessment (LMIA) or an offer of employment that is exempt from the LMIA
By February 28, 2025, you must submit an employer-specific work permit application
All other standard criteria for admissibility must be met
If you currently have visitor status and have held a valid work permit in the past 12 months, you can follow special instructions to get interim work authorization to begin working for your new employer before your work permit application is approved.
Is it possible for visitors to work in Canada?
Current visitors in Canada can now apply for a work permit, as part of the COVID-related immigration changes. This policy, originally temporary, has been extended until February 2025. The ability to switch from a tourist to a worker has caused confusion since its inception during the pandemic. Additional public policies have also been implemented during this time. In this article, we aim to clarify common misconceptions and outline the advantages and reasoning behind this program.
How Does a Work Permit from Inside Canada Work?
According to the Immigration and Refugee Protection Regulations, individuals are only eligible for in-Canada work permit applications if they hold a study or work permit. Those with visitor visas must normally apply for a work permit from outside of Canada, at a designated visa post such as one in the United States or their home country. It is important to understand the difference between applying from inside or outside of Canada, as it pertains not only to location but also to who will be processing the application. Applying from within Canada means submitting the request to CPC Edmonton while being physically present in Canada. On the other hand, applying from outside of Canada means that a visa office in another country will handle the application. This type of application can be made regardless of the applicant’s current location.
Apply for a Work Permit Inside Canada
The epidemic led to the implementation of a new policy that allows Canadian visitors to apply for work visas from within the country itself, as we have already explained. To fully comprehend the implications of this recent shift in policy, it is essential to understand both the internal and external processes that go into applying for work permits.
To begin the process of obtaining a work permit for use within Canada, you must submit an Application to Change Terms and Conditions (IMM 5710). Once received and processed in Edmonton, if approved, a physical work permit will be mailed to the address listed on the form. As part of this application, proof of current and active temporary residence status in Canada is required. Additionally, while living in Canada on a temporary work visa, it is important to apply for an extension of stay for any accompanying family members.
To initiate the process of obtaining a work permit from outside Canada, one must submit an IMM 1295 application. This will be reviewed at either the visa office overseeing the applicant’s current residence, country of origin, or a US visa office if they have legal temporary resident status in Canada. Upon approval, IRCC will issue a letter of permission. The individual must then travel to a Canadian border (land or airport) to receive their physical work permit.
The Canadian government made the adjustment that now allows travellers already in the country to apply for work permits because the borders were closed to such traffic during the epidemic. In an era when land borders were discouraged, it was in Canada’s best interest to mail work permit applicants their permits rather than to have them travel to land borders to obtain them.
The regulation that allows foreign nationals to apply for work permits has undergone the most significant revision as of late. The work permit is sent to the applicant through the mail once they have already arrived in Canada instead of being printed at the port of entry. As opposed to popular belief, the program does not make it easy for foreigners to find work in Canada.
The requirements for switching from a visitor status to a work permit in Canada
Anyone who wishes to change their status from that of a visitor to one that permits them to work legally in Canada needs to obtain a genuine job offer from an employer in Canada. In the past, obtaining a work permit that is unique to a company in Canada has been the most challenging aspect, and this will not change with the new policy.
In most cases, a Canadian employer must obtain a Labour Market Impact Assessment (LMIA) to hire a foreign national. This applies to those wishing to transition from visitor status to temporary foreign worker. To be eligible for an LMIA, the position must be advertised locally for four weeks and the employer must apply to Service Canada for permission to hire a temporary foreign worker. The entire process typically takes three months, so it’s important to monitor the expiration date of your temporary status in Canada and request an extension if needed until your work permit application can be submitted.
To be granted a work visa, you must prove your proficiency for the job opportunity at hand. This may include submitting specific information for a Labour Market Impact Assessment, such as minimum education level, required language skills, and relevant work experience. Your work permit application must also include supporting documents to showcase how you meet the LMIA criteria.
If you are already in Canada, how long does it take to obtain a work permit?
The processing time for inland work permits has remained consistent at five months over the past few years (2021-2023). While awaiting your work visa, you are not permitted to work in Canada as a visitor. Therefore, it is important to have enough funds to support yourself for approximately eight months after receiving a job offer from a Canadian company. This duration is necessary to obtain a positive LMIA and secure approval for your work permit. Visitors are not eligible for interim work authorization unless they previously held a work permit and then changed their status to that of a visitor after the permit expired.
If you leave Canada and return to the country where you originally came from, you may be able to expedite the processing of your work permit. Visa applications are processed at different visa posts in Canada at different times; however, it is possible to monitor processing times online from one site to another.
Before embarking on your journey to work in Canada, it is advisable to confirm the start date with your employer and clarify if they cover your airfare expenses for low skilled positions. Despite the fact that some overseas visa offices process work permits faster than 5 months, it is still wise to consult with your Canadian employer. Failing to do so could result in an unpleasant situation upon your return from an international trip, where they may be unhappy about paying for your airfare.
