As of March 1, 2023, Immigration, Refugees and Citizenship Canada (IRCC) has extended the public policy allowing certain visitors in Canada to apply for an employer-specific work permit until February 28, 2025. While this announcement may seem straightforward, there have been inquiries and confusion regarding eligibility and application procedures. Let's break down the key aspects of this policy and how it affects different categories of applicants.
Firstly, it’s essential to clarify that this public policy primarily addresses the place of application requirements and does not alter the eligibility criteria for obtaining a work permit in Canada.
To be eligible for a work permit, a foreign national must still secure a job offer supported by a Labour Market Impact Assessment (LMIA) or qualify for an LMIA-exempt work permit through the International Mobility Program.
The main change introduced by this public policy relates to the place from which the work permit application can be submitted. Previously, visitors in Canada were required to apply for a work permit outside the country or, for visa-exempt applicants, at a port of entry. However, with the implementation of this policy, visitors in Canada can now submit their work permit applications online and have them processed within the country.
One significant advantage of in-Canada processing is that IRCC will mail the approved work permit directly to the applicant, eliminating the need for them to leave and re-enter Canada to obtain it from a Canada Border Services Agency (CBSA) officer. This streamlines the process and reduces inconvenience for the applicant.
The decision to apply for a work permit from within Canada or outside depends on various factors, including processing times and individual circumstances. While in-Canada processing offers convenience, the current estimated processing time of 154 days may be longer than applying to a visa office abroad. However, applicants facing visa expiry or those seeking to avoid CBSA scrutiny may find in-Canada processing more suitable.
Navigating Canada’s work permit policies can be complex, especially for visitors unsure of their options. Seeking clarity and guidance from legal experts like Darren Penner at Boughton Law can provide comprehensive support in understanding eligibility criteria, application procedures, and potential pathways to work permits or permanent resident status.
In summary, while the extension of the employer-specific work permit policy in Canada offers convenience through in-Canada processing, applicants must carefully evaluate their circumstances before deciding on the most suitable application approach. Consulting with legal professionals can help applicants navigate the process effectively and maximize their chances of success.
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