COVID-19 Public Policy: LMIA Based or LMIA Exempt Work Permit Application Currently in Canada with Visitor Status
The following are the applicable procedures in the case of a
- positive public policy decision
- negative public policy decision
Positive public policy decision for visitors applying for a work permit
If the request meets the eligibility requirements, the officer will send the following response:
As per the information provided in your request below, you have been deemed to meet the eligibility criteria under the Temporary Public Policy to Exempt Certain Visitors in Canada from Immigration Requirements during the Coronavirus (COVID-19) Pandemic.
Please print a copy of this email and attach it to your existing work permit or authorization to work as proof of ability to work for your stated employer or occupation until a determination is made on your current work permit application or it is withdrawn.
Please note that misrepresenting or withholding material facts relating to a relevant matter that causes an error in decision is a violation of the Immigration and Refugee Protection Act.
Negative public policy decision
If the request does not meet the eligibility requirements, the officer will send the following response to the IRCC Web form email. The processing officer should delete any requirement that doesn’t apply to the specific request.
I have assessed your request under the Temporary Public Policy to Exempt Certain Visitors in Canada from Immigration Requirements during the Coronavirus (COVID-19) Pandemic.
Your request for consideration under this public policy has been refused as you do not meet at least one of the eligibility criteria for the public policy, in that
- you do not have current temporary resident status in Canada
- you are not applying for an employer-specific work permit
- you have not held a work permit in the 12 months preceding your application for a work permit
- you have not requested that the public policy exemptions be applicable until a decision is made on your work permit application or it is withdrawn
Work permit application is complete
If application is complete, the processing officer will finalize the work permit application and send the final decision (positive or negative) to the applicant. No further action on the public policy request is needed.
Important: Applicants under this public policy are not subject to the prohibition on issuance of a work permit if the applicant worked without authorization [R200(3)(e)]. This prohibition has been waived as part of the public policy.
If the decision on the work permit is to refuse the application, the processing officer should indicate in the refusal letter that the public policy assessment is also refused because a decision has been made on their application.
In addition to the refusal reasons for the work permit, officers should enter the following under the “Other” refusal reason: Your request for consideration under the public policy is also refused as you do not meet the eligibility requirements.
