Canada has made significant strides in accommodating temporary foreign workers by introducing flexible policies. Among these, the temporary public policy allowing workers on closed work permits to change employers before receiving a new work permit stands out. This blog dives deep into the details, eligibility criteria, and the broader implications of this policy.
Understanding Closed Work Permits and Their Limitations
A closed work permit restricts foreign workers to specific employers, limiting their flexibility in the Canadian labor market. Before 2020, workers seeking to change employers had to wait for their new work permit applications to be approved. This waiting period often extended to several months, creating challenges for workers and employers alike.
The Introduction of the Temporary Public Policy
In 2020, the federal government implemented a temporary policy enabling workers on closed work permits to start new jobs before their new work permits were approved. This measure, introduced during the COVID-19 pandemic, addressed urgent labor market needs and offered relief to workers facing delays in work permit processing.
As of January 14, 2025, this policy remains active. However, like all temporary public policies, it can be revoked at any time without prior notice.
Eligibility Criteria
To benefit from this policy, foreign workers must meet the following conditions:
- Valid Temporary Resident Status: Workers must be in Canada with a valid temporary resident status, including maintained status (previously known as implied status).
- Previous Work Authorization: They must have held a valid work permit or been authorized to work without a permit when applying for a new work permit.
- Pending Application: Applicants should have submitted an application for a new employer-specific work permit or be renewing an existing one.
- Job Offer: Workers must intend to work for the employer specified in their job offer.
- Public Policy Exemption: They need to apply for the public policy exemption and request its applicability until a decision is made on their work permit application.
Exemptions Granted Under the Policy
Eligible workers are exempt from several Immigration and Refugee Protection Regulations, including:
- The condition of not working unless authorized by the regulations.
- Restrictions on the type of work, employer, and work hours specified on their closed work permits.
- The requirement to provide biometrics for new or renewed work permit applications if local Service Canada offices are unable to collect them.
Who Benefits from This Policy?
This temporary measure primarily aids:
- Workers on maintained status who are restricted by conditions on their expired work permits.
- Workers holding closed work permits that limit them to specific employers.
- Work-permit-exempt individuals who require a permit for a new employer or occupation.
How to Apply for the Exemption
- Submit an Employer-Specific Work Permit Application: Workers must apply from within Canada using form IMM 5710.
- Complete the IRCC Web Form: In the “your enquiry” section, include specific text and the code “PPCHANGEWORK2020” to help prioritize the request.
- Submit Documentation: Applications can be submitted online or on paper.
After Submitting the Application
Once the application is submitted, officers review the public policy considerations. Applicants can expect an email within 10-15 days (longer for paper applications) informing them whether they are authorized to work while their application is processed.
- Incomplete Applications: If the application is incomplete, officers will request additional information within 30 days. A decision on the public policy assessment will also be communicated via email.
The Rationale Behind the Policy
This policy was introduced to:
- Accelerate Employment Transitions: By allowing workers to change jobs without waiting months for permit approval, it addresses labor shortages and ensures smoother transitions.
- Strengthen Worker Protections: Workers with active permits are better protected under employer compliance regulations, reducing the risk of exploitation.
Current Trends and Implications
Evolving Labor Market Needs
Canada’s labor market continues to face significant shortages in key sectors such as healthcare, construction, and technology. Statistics Canada reports that job vacancies exceeded one million in 2024, highlighting the importance of flexible immigration policies to meet demand.
Enhanced Worker Rights
By enabling quicker job transitions, the policy empowers workers, ensuring they are not trapped in unfavorable employment situations. This aligns with Canada’s broader commitment to protecting foreign workers’ rights.
Potential Challenges
While the policy benefits many, it requires careful management to prevent misuse. Employers and workers must adhere to compliance regulations to maintain the integrity of the system.
The temporary public policy allowing workers on closed work permits to change employers is a vital tool in Canada’s immigration framework. It addresses labor market needs, protects worker rights, and enhances flexibility. However, as a temporary measure, its future remains uncertain, underscoring the need for permanent solutions to support Canada’s evolving economic and social landscape.
