How workers on closed work permits can change employers while awaiting a decision on a new work permit

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Janice Rodrigues
Published: January 14, 2025

Currently, it’s possible for temporary foreign workers on closed work permits to start a new job before being issued a new work permit, due to a temporary public policy introduced during the Covid-19 era.

Prior to the introduction of this temporary public policy, workers on closed work permits would need to wait for their new work permit application to be approved before changing employers — meaning that it could take many months for them to change jobs.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

In 2020, the federal government introduced a temporary policy allowing foreign workers in Canada to start work for a new employer even before getting a new work permit approved.

Who is eligible?

In order to be eligible, a foreign national must:

  • Be in Canada with valid temporary resident status (this includes a maintained status);
  • Have held a valid work permit, or have been authorized to work without a work permit when their application for a new work permit or work permit renewal was submitted;
  • Have submitted a work application or be renewing an application for an employer-specific work permit (for which a decision has not yet been made);
  • Intend to work for the new employer as specified on the job offer;
  • Have applied for the public policy exemption, as identified by the department (details on the process below); and
  • Have requested the exemption to be applicable until a decision is made on their work permit application.

If I’m eligible, what exemptions apply to me?

Foreign nationals who are eligible will be exempted from certain Immigration and Refugee Protection Regulations:

  • The condition to not work unless authorized (by Part 9 or 11 of the Regulations);
  • Following the conditions on their work permit regarding the type of work, employer, and times and periods of work they’re permitted to engage in, or prohibited from doing, in Canada;
  • The requirement to be authorized to work in Canada by a work permit or the Regulations; and
  • Providing biometrics for a new work permit application or work permit renewal, if their local Service Canada office isn’t collecting them due to COVID-19.

This temporary public policy mainly benefits foreign nationals who:

  • Are on maintained status (previously called implied status) who are bound to the conditions imposed on their expired work permit, prohibiting them from moving to a new occupation or employer;
  • Hold a valid work permit that limits them to an employer (closed work permit); or
  • Are work-permit exempt but require a work permit for a new occupation or employer.

How do I apply?

A foreign national must submit their application for an employer-specific work permit from inside Canada (IMM 5710).

When filling out the “your enquiry” section of the IRCC web form, applicants need to copy specific text that applies to their situation. Full samples of the message for work permit holders changing jobs or employers, or work permit-exempt workers, can be seen here.

Applicants must include the code "PPCHANGEWORK2020" when they copy and paste the text. This helps officials prioritize their request.

This application can also be done on paper.

Once you’ve submitted the application

Officers will review the public policy consideration.

They may reject it if it doesn't include:

  • A request for assessment; or
  • Sufficient information to confirm the receipt of an employer-specific work permit application.

Those who have submitted the application by web form can expect an email in roughly 10-15 days. Applying by paper may take more time to receive this email.

The email will let applicants know if they are authorized to work while their work permit application is being processed.

NOTE: If the work permit application is incomplete, the processing officer will give the applicant 30 days to provide additional information. They will also provide a public policy assessment decision (either positive or negative) as a reply to the IRCC Webform email and add a case note on their decision.

Why was this temporary public policy introduced?

This policy was launched during the pandemic to:

  • help temporary foreign workers who are in Canada start new jobs quicker while waiting on their work permit applications being processed; and
  • ensure their work permit applications are finalized so they are better protected under employer compliance regulations.

This policy is in effect as of January, 14 2025. As with all temporary public policies, it can be revoked at any time without notice.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

 

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