How Workers on Closed Work Permits Can Change Employers While Awaiting a New Work Permit Decision

Temporary foreign workers in Canada on closed work permits now have a way to change employers before receiving a new work permit, thanks to a temporary public policy introduced during the COVID-19 pandemic. This policy, first implemented in 2020, continues to provide flexibility for workers seeking job transitions without lengthy delays.

Before the Policy: The Waiting Period

Previously, workers on closed work permits had to wait until their new work permit application was approved before they could start a new job. This often meant enduring months of waiting, creating barriers for workers and employers alike.

The Temporary Public Policy: Key Changes

Under this policy, eligible temporary foreign workers in Canada can begin working for a new employer even before their new work permit application is finalized.

Who Is Eligible?

To benefit from this policy, workers must meet specific criteria:

1. Be in Canada with valid temporary resident status (including maintained status, formerly known as implied status).
2. Hold or have held a valid work permit or have been authorized to work without one when they applied for a new or renewed work permit.
3. Have submitted an application for an employer-specific work permit (decision pending).
4. Intend to work for the new employer as specified in the job offer.
5. Apply for the public policy exemption as outlined by Immigration, Refugees, and Citizenship Canada (IRCC).
6. Request the exemption to remain valid until a decision is made on their application.

What Exemptions Are Granted?

Eligible workers are exempt from certain Immigration and Refugee Protection Regulations (IRPR), including:

• The condition to not work unless authorized.
• Restrictions on the type of work, employer, or hours stated in their previous work permit.
• Requirements to provide biometrics for a new work permit application (if biometrics collection isn’t available locally due to COVID-19).

Who Benefits the Most?

This policy is especially helpful for:

• Workers on maintained status tied to the conditions of their expired work permit.
• Workers with closed work permits restricting them to a specific employer.
• Work-permit-exempt workers needing a permit for a new employer or occupation.

How to Apply

To apply, follow these steps:

1. Submit an application for an employer-specific work permit from within Canada using Form IMM 5710.
2. Fill out the "Your Enquiry" section of the IRCC web form with specific text based on your situation (sample text is available online).
3. Include the code "PPCHANGEWORK2020" to ensure your request is prioritized.
4. Applications can also be submitted on paper.

After Submitting the Application

• IRCC officers will review the application to ensure it includes a request for assessment and sufficient supporting information.
• Applicants who apply online typically receive an email within 10–15 days, confirming whether they are authorized to work while their application is processed.
• If additional information is required, applicants will have 30 days to provide it.

Why Was This Policy Introduced?

The policy was created to:

1. Allow temporary foreign workers to start new jobs more quickly while waiting for work permit decisions.
2. Ensure workers are protected under employer compliance regulations.

Important Notes

This policy remains in effect as of January 14, 2025. However, as with all temporary public policies, it can be revoked at any time without notice. Workers and employers should stay updated with IRCC announcements to avoid disruptions.