COVID-19 Public Policy: LMIA Based or LMIA Exempt Work Permit Application Currently in Canada with Visitor Status

The original public policy came into effect on August 24, 2020 and required applicants to have been in Canada on the day the public policy came into effect to apply for a job offer-supported work permit from within Canada. On April 1, 2021, the public policy was extended, and it remains in effect until August 31, 2021. In addition, the eligibility criteria were expanded to allow all visitors who are in Canada with valid temporary resident status to apply inland for an employer-specific work permit, on or before August 31, 2021, regardless of when they arrived in Canada.

On this page

• Policy objectives
• Eligibility requirements for visitors to apply for an employer-specific work permit
• Eligibility requirements for interim authorization to work
• Work permit application submission
• Foreign national seeking interim work authorization
• Processing of public policy requests
  • Step 1: Receipt of IRCC Web form
  • Step 2: Assessment under the public policy
  • Step 3: Work permit application

Policy objectives

This public policy will

• permit eligible foreign nationals with valid temporary resident status as visitors to apply for a job offer-supported work permit from inside Canada
• exempt eligible foreign nationals from the requirement that a work permit not be issued if they have not complied with certain temporary residence conditions
• allow eligible former temporary foreign workers to work while a decision on their work permit application is pending

Eligibility requirements for visitors to apply for an employer-specific work permit

The foreign national

1. is in Canada with valid temporary resident status as a visitor, including status extensions under subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR), that is, maintained status, at the time of work permit application submission
2. has submitted an employer-specific work permit application using the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]
3. has remained in Canada with status since application submission
4. submitted the application on or before August 31, 2021

If the application is approved, the new status and period of authorized stay will apply.

If the application is refused, when status is extended under subsection R183(5), the expiry date of the period of authorized stay becomes the decision date on the application submitted.

Eligibility requirements for interim authorization to work

In addition to meeting the above criteria, a former temporary worker who converted to visitor status may also be eligible for interim authorization to work if they

• had valid temporary resident status at the time of work permit application submission and have remained in Canada with status since;
• held a valid work permit in the 12 months preceding the date on which they submitted their application for a work permit under this public policy, even though they are now only a visitor;
• intend to work for the employer and occupation specified by the LMIA or LMIA-exempt offer of employment included in their work permit application submitted under the public policy;
• have applied to IRCC for the interim authorization to work as per this public policy using the IRCC Web form; and
• have requested that the authorization to work be applicable until a decision is made on their work permit application.

Work permit application submission

All in-Canada work permit applications must be submitted electronically.

Changes have been made to the Come to Canada question flow to allow for applicants to apply for their work permit online. Applicants are instructed to take the following steps:

Submission of the work permit application by a visitor is sufficient to meet the public policy eligibility for applying.

Applicants must submit a complete employer-specific work permit application, including a Labour Market Impact Assessment (LMIA) or LMIA-exempt offer of employment and, if applicable, a Quebec Acceptance Certificate (CAQ).

Those seeking interim authorization to work must make a further request using the IRCC Web form as per instructions below.

Foreign national seeking interim work authorization

Interim authorization to work is not automatic. Eligible foreign nationals must request the interim authorization to work using the IRCC Web form. When the Client Support Centre transfers the incoming web forms, officers should see one of the following messages from the applicant in the IRCC Web form. This will flag that the request is to be considered under this public policy.

Example of template provided in public instructions

Message for previous work permit holders requesting interim authorization to work