The Canadian government has modified the work permit rules for international workers, which is a huge relief for those who are employed there. This is the Canadian government’s temporary public policy to exempt foreign nationals in Canada from certain requirements when changing employment.
Now, foreign workers can continue working after changing employment or during the time when their work permit application is pending.
The new work-permit rules allow foreign workers in Canada with valid work authorization, who are required to obtain a new work permit before commencing a new job, to begin working in a new job while their work permit application is pending.
The foreign workers who are on ‘maintained status’ and are authorized to work while their work permit application is pending, but who were bound to the conditions imposed on their expired work permit such that they cannot move to a new occupation or employer while on maintained status, will stand to benefit from this new rule.
Even those foreign workers who continue to hold a valid work permit that limits them to working for a specific employer, but need to transition to a different occupation or employer for reasons that may include having been laid off, will stand to benefit.
The new work-permit rule will also apply to those who are work-permit exempt, but require a work permit to work in a new occupation or for a new employer.
The most important condition for the foreign workers to avail of this new rule is that they should have filed a work permit renewal application.
If a fresh work permit application has been submitted for which a decision has not yet been made, foreign workers may also begin working under the new regulations.
Temporary foreign workers fill important labour and skills gaps in all sectors of the Canadian economy. Workers are expected to fulfil their employment contracts and arrive in Canada with the intent to work with the employer who has recruited them and provided the offer of employment.
There may, however, arise situations beyond either the worker’s or the employer’s control where continuing the employment contract is no longer possible. This could include situations such as taking on a new role with the same employer, lay-offs, conflict or incompatibility within the workplace, or seeking a better compensation package or a professional growth opportunity with a different employer that leads the worker to have to obtain a new work permit.
Workers in these situations have to apply for a new work permit and have to wait for their work permit to be fully processed before starting the new job. This could mean a delay of several weeks and result in a prolonged break in employment for the worker and a frustrating wait for employers who sought to hire amongst the temporary foreign workers already in Canada.
Therefore, this new public policy allows temporary foreign workers already in Canada who are changing jobs or employers, and who have secured a job offer under the terms of either the Temporary Foreign Worker Program or the International Mobility Program, to more quickly begin work in advance of a final decision on the work permit application.