Immigration News

New temporary public policy will allow visitors to apply for a work permit without having to leave Canada

August 24, 2020—Ottawa—Visitors who are currently in Canada and have a valid job offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country, thanks to a new public policy announced today by the Honourable Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship.

This temporary policy change takes effect immediately and will benefit employers in Canada who continue to face difficulties finding the workers they need, as well as temporary residents who would like to contribute their labour and skills to Canada’s recovery from the COVID-19 pandemic.

During the pandemic, temporary residents who remained in Canada were encouraged to maintain valid legal status. With air travel limited around the world, some visitors to Canada have been unable to leave, while some foreign workers had to change their status to visitor because their work permit was expiring and they didn’t have a job offer to be able to apply for a new work permit. Some employers in Canada have also faced ongoing labour and skills shortages throughout this period, including those who provide important goods and services that Canadians rely on.

To be eligible, an applicant looking to benefit from this temporary public policy must

  • have valid status in Canada as a visitor on the day they apply
  • have been in Canada on August 24, 2020 and remained in Canada
  • have a job offer
  • submit an application for an employer-specific work permit that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, no later than March 31, 2021
  • meet all other standard admissibility criteria

How the coronavirus disease (COVID-19) is affecting immigration, refugees, citizenship and passport services

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html

For further information and clarification, please contact Office

Changes due to COVID-19 IN AINP

Temporary changes as of April 29, 2020

Current candidates are defined as candidates who mailed their application on or before April 29, 2020.

Submitting applications

We will accept copies for all document types, as well as copies of signatures on forms from both new and current candidates, including:

  • copies of candidate, spouse/common-law partner, dependant and representative signatures on application and request forms
  • copies of educational transcripts for Post-Graduation Work Permit holders

New candidates may submit an incomplete application only if they:

  • meet all Selection Criteria for their AINP stream, but are missing some documents to demonstrate they meet criteria due to COVID-19
  • include a written explanation as to why the document(s) cannot be acquired
  • provide evidence they have requested the document(s) from the individual or organization who will issue the document or evidence the issuing body is not issuing documents due to COVID-19, and
  • for the Alberta Opportunity Stream, they include either valid language results or proof of registration for a language testing session on or before October 29, 2020, or
  • for the Alberta Express Entry Stream, they include valid language results and an Educational Credential Assessment (ECA)(if applicable)

If a current candidate cannot provide documents due to COVID-19, they must provide:

  • a written explanation as to why the document(s) cannot be acquired, and
  • evidence they have requested the document(s) from the individual or organization who will issue them or evidence the issuing body is not issuing documents due to COVID-19

Assessment of applications

We will temporarily hold new applications for 60 calendar days from date of mailing and current applications for 60 calendar days from date of assessment where the application is either incomplete due to COVID-19 or the AINP program officer cannot verify information or documentation.

We will advise by email when an application is put on hold.

After 45 days, we will determine if an additional 60 calendar day hold will be applied. We will advise the candidate by email of the status of their application by each 60 calendar day mark.

The longest we will hold an application is 6 months. After 6 months, we will make a decision on the application based on the information available and the candidate’s circumstances at that time.

Information about a change in employment must be emailed to the AINP program officer who is processing the application or mailed to the AINP.

Selection criteria and assessment of applications

Alberta Opportunity Stream

Under the Alberta Opportunity Stream, new candidates and current candidates who are working in a location that is not zoned for commercial or industrial use due to government social distancing directives may be eligible for nomination. For example, working from home.

If the candidate is still working for their employer and continues to perform some of the job duties or types of work listed in their job description, they may be eligible for nomination if they can demonstrate they will be returning to their regular job duties after the pandemic. They must also continue to meet all other criteria.

For new and current candidates who changed employers to maintain employment during the pandemic and who are working from home, their application will be placed on hold for 60 days to allow them to meet criteria.

We will give some current candidates additional time to allow them to change their circumstances and meet criteria.

Current Alberta Opportunity Stream candidates experiencing any of the following circumstances will have their applications put on hold for 60 calendar days to allow them time to meet criteria:

  • Candidates who have had a change in their employment circumstances, specifically those who are:
    • unemployed or not working full-time (part-time or job share)
    • working in an ineligible occupation
    • working in or have job offer for a different occupation than the occupation they were working in at time of application
    • working in or have a job offer for a different occupation than their work experience
    • Post-Graduation Work Permit holders who are working in an occupation unrelated to their field of study
    • working in Canada but may no longer have authorization for work being completed due to a change in job duties, employer, location and/or wage, or
  • Candidates who:
    • have shifted from an eligible work permit type to an ineligible work permit type to maintain employment
    • are working in a regulated occupation in Alberta who cannot meet licensure/registration requirements
    • have an ineligible language test (test is older than 2 years or for wrong test type).

Alberta Express Entry Stream

We will continue to do selection draws and nominate individuals under the Alberta Express Entry Stream.

Only individuals living and working in Alberta will be considered for a nomination at this time. The following criteria must be met to receive a nomination:

  • Current Alberta Express Entry Stream candidates who are experiencing any of the following circumstances will have their applications put on hold for 60 calendar days to allow them time to become eligible for a nomination:
  • candidates who were working in Alberta prior to the COVID-19 pandemic but who are currently not working full-time (part-time or unemployed)
  • candidates working in a regulated occupation in Alberta but who cannot meet licensure/registration requirements

Alberta Express Entry Stream applications where there is no recent history of employment in Alberta will not be processed until further notice. This includes new applications from individuals who received a Notification of Interest letter before or after April 29, 2020, as well as applications where an AINP program officer had already started to assess the application for eligibility.

For further information and clarification, please contact Office