New Path for Foreign Workers to Switch Employers While Awaiting Work Permit Decisions
Table of Contents:
- Introduction
- Eligibility Criteria for Foreign Workers
- Exemptions Under the Temporary Policy
- Application Process for Switching Employers
- Timeline and Expected Outcomes
- Purpose and Impact of the Temporary Public Policy
- Conclusion
1. Introduction
In a significant change to Canada’s immigration rules, foreign workers on closed work permits now have the opportunity to switch employers while waiting for the approval of a new work permit. This change comes as part of a temporary public policy first introduced during the COVID-19 pandemic and still in effect as of January 14, 2025. The policy allows eligible workers to begin new employment before receiving their new work permit, which could otherwise take several months to process.
This adjustment to Canada’s immigration policy aims to address challenges faced by foreign nationals on employer-specific work permits, allowing for greater workforce mobility and quicker access to new job opportunities.
2. Eligibility Criteria for Foreign Workers
To take advantage of this public policy, foreign workers must meet certain criteria. They must:
- Be residing in Canada with valid temporary resident status, including those who have maintained their status after their previous work permit expired.
- Have held a valid work permit or been authorized to work without a permit when applying for a new employer-specific work permit or renewal.
- Have already submitted a work permit application or renewal request, with a decision not yet made.
- Intend to work for a new employer as specified in their job offer.
- Apply for the public policy exemption as outlined by immigration authorities.
- Request that the exemption apply until a decision is made on their work permit application.
3. Exemptions Under the Temporary Policy
Eligible foreign workers will be exempt from certain immigration regulations, providing more flexibility in their employment options while awaiting their work permit decision. The exemptions include:
- The condition prohibiting workers from starting a new job unless explicitly authorized.
- Restrictions on the type of work, employer, and work hours associated with their original work permit.
- The general requirement that foreign workers must hold a valid work permit to work in Canada.
- The need to provide biometrics for a new work permit application if local Service Canada offices are not collecting them due to COVID-19.
These exemptions primarily benefit foreign nationals who:
- Have maintained status after their work permit expired, but face restrictions on changing employers.
- Hold a valid employer-specific work permit that limits them to a single employer (closed work permit).
- Are exempt from work permits but require one for a new employer or occupation.
4. Application Process for Switching Employers
Foreign workers looking to switch employers while awaiting their work permit decision must submit an application for an employer-specific work permit. This can be done online via the Immigration, Refugees, and Citizenship Canada (IRCC) web form or on paper.
In the online application process, applicants must:
- Fill out the IMM 5710 form to request a new work permit.
- In the “your enquiry” section, include a specific message related to their situation. A sample message for workers changing jobs or employers can be found on the IRCC website.
- Ensure that the code “PPCHANGEWORK2020” is included in the submission to help immigration officers prioritize the request.
Once the application is submitted, the IRCC will review the request and may approve the exemption, allowing the worker to begin employment with the new employer while waiting for their work permit to be processed.
5. Timeline and Expected Outcomes
Upon submission, foreign workers can expect an email response within 10 to 15 days if they have applied through the web form. For paper applications, the processing time may take longer. The email will confirm whether the worker is authorized to start working for the new employer while their work permit application is processed.
If the application is incomplete, applicants will have 30 days to provide additional information. The IRCC will assess the public policy request and provide a final decision, either granting or denying the exemption.
6. Purpose and Impact of the Temporary Public Policy
This temporary policy was introduced during the COVID-19 pandemic to:
- Facilitate quicker transitions for foreign workers who were waiting for work permits, helping them secure new jobs without delays.
- Protect foreign workers under Canada’s employer compliance regulations by ensuring they were not left in limbo while waiting for their permits to be processed.
The policy aims to reduce the administrative burden on foreign workers who would otherwise be forced to wait long periods before they could change employers, and provides greater job flexibility, especially in industries experiencing labor shortages.
7. Conclusion
The temporary public policy allowing foreign workers on closed work permits to change employers while awaiting a decision on a new work permit has been a welcome change for many individuals in Canada’s workforce. This policy, which was originally introduced to address the challenges posed by the COVID-19 pandemic, continues to support foreign nationals by granting them greater mobility in the labor market. As of January 14, 2025, this policy remains in effect but could be revoked at any time. Therefore, foreign workers considering switching employers should take immediate action to ensure they meet the eligibility requirements and submit their applications promptly.
For more information or assistance, foreign workers are encouraged to consult with immigration professionals to guide them through the process.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
