A new temporary public policy by Immigration, Refugees and Citizenship Canada (IRCC) is making it easier and faster for temporary foreign workers in Canada to change jobs or employers without long breaks in employment.
Why This Matters
Traditionally, if a temporary foreign worker wanted to change employers, they needed to apply for a new work permit and wait for it to be approved before starting the new job. This created financial hardship for workers and hiring delays for employers.
To improve flexibility and support the Canadian labour market, this new policy allows eligible foreign nationals already in Canada to begin working in their new job while their work permit application is still in process—as long as they meet specific requirements.
Who Is Eligible?
To benefit from this policy, foreign workers must meet all the following criteria:
- Be in Canadawith valid temporary resident status.
- Have submittedeither:
- A work permit renewal application (to continue working in Canada in a new occupation or with a new employer), or
- A new work permit application to begin work with a new employer.
- Be transitioning to a new job or employeras part of the application.
- Have used the official electronic application processto request the public policy exemption.
- Have requested permission to begin workunder this exemption while awaiting a decision.
- Meet the requirements under paragraphs 199(a) or 199(b)of the Immigration and Refugee Protection Regulations (IRPR), which allow in-Canada applications.
Who Can Benefit?
This policy helps a range of workers, including:
- Workers on maintained status(formerly “implied status”) who are waiting for a decision on a renewal and are restricted to their previous job.
- Workers with valid employer-specific work permitswho have been laid off or found a new opportunity.
- Work permit–exempt individualswho need a permit for their new role or employer.
What Rules Are Being Exempted?
Under this policy, eligible workers can be temporarily exempt from the following regulatory requirements:
- Paragraph 183(1)(b): Prohibiting unauthorized work.
- Subparagraph 185(1)(b)(i) to (iv): Work conditions regarding employer, type of work, and schedule.
- Section 196: Requirement to be authorized by a work permit to begin new work.
These exemptions will apply until a decision is made on the submitted work permit application or the application is withdrawn.
When Is This Policy in Effect?
This new public policy replaces the earlier COVID-19 work flexibility policy from May 6, 2020. The updated version:
- Takes effect 12 weeks after its signing date.
- Will remain in place until officially revokedby the Minister of Immigration, Refugees and Citizenship.
Why This Policy Is Important
With the goal of reducing Canada’s reliance on new temporary workers and better using the talent already in the country, this policy supports both workers seeking job mobility and employers facing urgent staffing needs. It reduces downtime, increases flexibility, and helps maintain Canada’s economic productivity.
Need guidance on how to apply under this public policy or change your job as a temporary foreign worker in Canada?
Contact us today at 204-944-8889 or email us at lawoffice@fridman.ca to review your situation and ensure a smooth transition.
This post is for informational purposes only and does not constitute legal advice. Please refer to the IRCC official website for full details.