A New Public Policy to Support Mobility and Stability
Temporary foreign workers are an essential part of Canada’s workforce, filling critical labour shortages across all sectors. Traditionally, if a worker wanted to change jobs or employers, they would have to apply for a new work permit and wait for approval before starting their new role—a process that could take several weeks and disrupt income and productivity for both workers and employers.
To address this challenge, the Canadian government has introduced a temporary public policy that offers greater flexibility to foreign nationals already in Canada. This policy allows eligible workers to start new jobs while their work permit applications are still being processed.
Why the Change?
The policy recognizes that circumstances beyond the control of either the worker or employer—such as layoffs, internal role changes, workplace conflict, or better career opportunities—may necessitate a job change. Under the previous rules, this could result in prolonged employment gaps and frustration for all parties involved.
Now, the government is taking steps to:
- Reduce the reliance on new temporary foreign workers.
- Better utilize the talent already in Canada.
- Support workers with a smoother transition between jobs.
- Help employers fill vacancies faster.
Who Benefits from this Policy?
This policy is designed for foreign nationals already in Canada who:
- Are on “maintained status” (awaiting a decision on a work permit extension) but are bound by the conditions of their expired permit.
- Hold valid employer-specific work permits but need to change jobs or employers due to layoffs or other reasons.
- Are currently work-permit exempt but require one for a new position.
Eligibility Requirements
To qualify, the worker must:
- Be in Canada with valid temporary resident status.
- Meet the conditions under immigration regulations 199(a) or 199(b).
- Have submitted a new or renewal work permit application for a job under either the Temporary Foreign Worker Program or the International Mobility Program, and a decision is still pending.
- Intend to start work with a new employer or in a new occupation as outlined in the job offer submitted with their application.
- Apply for the public policy exemption using the appropriate electronic process or alternative format.
- Explicitly request that the exemption apply until a decision is made on their work permit.
What Rules Are Being Temporarily Exempted?
The policy provides exemptions from certain conditions under the Immigration and Refugee Protection Regulations, including:
- Restrictions on working without authorization (183(1)(b)).
- Conditions related to type of work, employer, and working hours (185(1)(b)(i)–(iv)).
- Requirements to hold a valid work permit (Section 196).
These exemptions are valid until the new work permit is approved or withdrawn.
Important Notes
- This policy replaces the earlier COVID-19-related exemption policy issued on May 6, 2020.
- All other eligibility and admissibility requirements still apply.
What This Means for Employers and Workers
This policy streamlines the hiring process for employers and minimizes employment gaps for workers. It allows businesses to act quickly in onboarding experienced workers already in Canada, while helping workers maintain financial and job stability.
Employers and foreign workers are encouraged to familiarize themselves with the updated process and consider how this new flexibility can support their employment goals.
Need Guidance?
Navigating Canada’s evolving work permit policies can be complex, especially with new temporary measures like this public policy exemption. Understanding your eligibility and ensuring proper application procedures is crucial to avoid delays or complications.
At Dr. Joe’s Immigration we help foreign workers and employers understand how these policy changes apply to their specific situations. Our experienced team can guide you through the application process and ensure you meet all requirements under the new temporary public policy.
Don’t leave your work authorization to chance. Contact Dr. Joe’s Immigration today to discuss your options and secure your employment stability in Canada.