Canada Ends Visitor Work Permit Policy: What Are Your Options?

Author: Al Parsai, LL.M, RCIC-IRB

Last Updated On: August 29, 2024

On August 28, 2024, Canada revoked the temporary Visitor Work Permit policy. This policy allowed visitors to apply for work permits from within the country. Originally introduced in August 2020 during the COVID-19 pandemic, this policy offered a crucial opportunity for many. However, with its sudden end, you may wonder about your next steps. This article will explain your options and guide you through the available alternatives.

Visitor Work Permit under Section 199 of the Regulations

Under section 199 of the Immigration and Refugee Protection Regulations (IRPR), certain visitors in Canada may apply for a work permit while in Canada. Here’s who qualifies:

• Visitors with a temporary resident permit (TRP): You can apply if your TRP is valid for at least six months.
• Family members of eligible individuals: You may apply if your family member qualifies under certain circumstances. Typical family members who are eligible include the following:
• Individuals in special situations: You qualify under sections 206 (No other means of support) or 207 (Certain permanent resident applicants in Canada) of the Regulations.
• Applicants with pre-approved work permits: If you received written approval for a work permit before entering Canada, you may apply now. This option is mostly redundant nowadays.
• Applicants under specific international agreements: You can apply if you qualify as a trader, investor, or professional under agreements like NAFTA (now CUSMA).
• Individuals with a no-objection letter: You may apply if Global Affairs Canada has no objection to your work at a foreign mission in Canada. This option mostly applies to diplomats and their family members.

I have another article that explains section 199 in more detail.

What the Now-Revoked Public Policy Covered

The now-revoked public policy, effective August 2020, allowed visitors to apply for work permits in Canada. This policy aimed to help visitors stranded due to COVID-19 travel restrictions. Visitors could apply for a work permit without leaving Canada, a significant change from previous rules under section 199. Moreover, IRCC extended the policy multiple times. The last extension was originally valid until February 28, 2025.

However, on August 28, 2024, IRCC revoked this public policy, marking a return to stricter rules. Visitors now must rely on Section 199 or other exemptions. Otherwise, they may not apply for a work permit inside Canada. Nonetheless, IRCC will process applications submitted before August 28, 2024.

Who is Exempt from the Visitor Work Permit Policy Revocation

If you are a visitor to Canada and section 199 applies to you, then you may still apply for a work permit while in Canada. However, other visitors could be exempt because of other exemption codes and public policies. Here are some examples.

• People who submitted their applications before Aug 28, 2024.
• The spouses or common-law partners of Canadian citizens or permanent residents. However, they must have a sponsorship application in process.
• A group of visitors under the public policy for family members who fled conflict in Sudan (to end on October 27, 2024)
• Certain visitors under the public policy for Haitian nationals in Canada (to end on November 19, 2024)
• A group of visitors under the public policy to exempt certain Hong Kong residents from work permit requirements (to end on February 7, 2025)
• The public policy for Iranians (to end on February 28, 2025)
• Certain visitors who arrived under the Canada-Ukraine authorization for emergency travel measures (to end on Mar 31, 2025)
• A group of visitors who left Israel or the Palestinian Territories on or after October 7, 2023 (to end on July 31, 2025)

Please note that Canada may abruptly revoke any of these public policies. Moreover, there could be others in effect that I could not locate.

What to Do if You Are Affected by the Visitor Work Permit Policy Revocation

If the policy revocation affects you, consider your next steps carefully. The safest option is to leave Canada and apply for a work permit abroad. This method follows the traditional process and reduces the risk of complications.

Another option is “flagpoling.” This involves leaving Canada briefly at a US/Canada land border and re-entering to apply for a work permit. However, remember that this option has restrictions. Some border services may not allow it, especially during busy times or under specific circumstances. Therefore, always check the latest rules before attempting this. Book a consultation session to see if this option is possible for you.

Some might think they can stay in Canada and apply using the “Outside Canada” work permit form. However, this approach is risky. Section 199 is about where you are physically, not which form you use. Applying from inside Canada using the wrong form could lead to the refusal of your application. Furthermore, you could receive a Procedural Fairness Letter or even face a five-year ban for misrepresentation if authorities discover any inconsistencies.

Therefore, always seek advice from qualified immigration professionals before taking any action. They can help you navigate your options safely and legally.

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