Temporary foreign workers on closed work permits in Canada face significant challenges when seeking to change employers. A temporary public policy introduced during the COVID-19 pandemic has provided a solution, allowing eligible workers to start a new job before receiving their new work permit. This blog delves into the nuances of this policy, its impact, eligibility criteria, and the application process, providing a comprehensive guide for foreign workers and employers alike.
Understanding Closed Work Permits
A closed work permit ties a foreign worker to a specific employer, job, and location. Historically, changing jobs meant navigating lengthy bureaucratic processes. Workers had to wait months for their new work permit to be approved before starting a new role, often resulting in financial strain and career stagnation.
The pandemic underscored the need for a more flexible system. In response, the Canadian government implemented a temporary public policy in 2020, enabling workers to switch employers without delay, pending approval of their new work permit application.
Why Was This Policy Introduced?
The primary objectives of this policy were:
- Alleviating worker challenges during processing delays: Workers bound by closed permits faced undue hardships, including unemployment and financial instability.
- Boosting economic resilience: By enabling workforce mobility, the policy supported sectors experiencing labor shortages.
- Enhancing compliance: Streamlining transitions ensures workers remain protected under employer compliance regulations.
The policy remains in effect as of January 2025 but can be revoked without notice. This underscores the importance of staying informed about current regulations.
Eligibility Criteria
To benefit from this policy, a foreign national must:
- Maintain Temporary Resident Status: They must be in Canada with valid temporary resident status, including maintained status (formerly implied status).
- Valid Work History: They must have held a valid work permit or been authorized to work without one when applying for a new work permit.
- Submit a New Application: They must apply for a new employer-specific work permit or renew an existing one.
- Specify the New Job: The job offer from the new employer must be included in the application.
- Apply for the Exemption: They must request the public policy exemption through the IRCC web form.
Key Exemptions
Eligible workers benefit from several exemptions under the Immigration and Refugee Protection Regulations (IRPR):
- Authorization to Work: They can work without waiting for final approval of their new work permit.
- Flexibility on Conditions: The usual restrictions on employer, job type, and work hours tied to their previous work permit are temporarily lifted.
- Biometrics Requirement: If local Service Canada offices are not collecting biometrics due to COVID-19, applicants are exempted from this requirement.
Application Process
Here’s a step-by-step guide to applying under this policy:
- Submit Application: Apply for an employer-specific work permit from inside Canada using form IMM 5710.
- Use the IRCC Web Form: In the “your enquiry” section, copy the relevant sample text provided by IRCC, ensuring to include the code “PPCHANGEWORK2020.”
- Await Confirmation Email: For online submissions, expect an email within 10-15 days confirming authorization to work. Paper submissions may take longer.
- Provide Additional Information if Required: If the application is incomplete, a processing officer will request additional details within 30 days.
Impact on Workers and Employers
For Workers:
This policy provides immediate relief, allowing foreign workers to:
- Secure new employment opportunities promptly.
- Avoid periods of unemployment and financial insecurity.
- Transition smoothly without breaching immigration regulations.
For Employers:
Employers benefit from a more dynamic labor market. They can:
- Fill urgent job vacancies with experienced workers.
- Reduce recruitment timeframes.
- Ensure compliance with immigration laws.
Statistics and Social Impact
The temporary public policy has had measurable effects on the Canadian labor market. According to a recent IRCC report:
- Faster Processing Times: 78% of eligible applicants received authorization to work within 15 days of submission.
- Increased Workforce Participation: Over 10,000 workers transitioned to new roles annually since the policy’s inception.
- Sector-Specific Benefits: Sectors like healthcare, agriculture, and technology have seen significant workforce stabilization.
However, challenges remain. Advocacy groups highlight the need for permanent solutions to support worker mobility and economic adaptability.
Looking Ahead
While the temporary public policy has eased barriers, its future remains uncertain. Stakeholders are calling for:
- Policy Permanence: A permanent framework to ensure long-term worker mobility.
- Enhanced Protections: Stricter measures to safeguard workers from exploitation.
- Streamlined Processes: Further reduction in bureaucratic hurdles to expedite transitions.
The temporary public policy allowing workers on closed work permits to change employers has been a vital step toward greater labor market flexibility and worker welfare. However, as the policy’s temporary nature underscores, continuous adaptation of immigration policies is essential to meet Canada’s evolving economic and social needs. Both workers and employers must remain proactive, informed, and prepared to navigate these changes.
