Due to COVID-19, many temporary foreign workers in Canada have lost their employment. Unfortunately, switching employers can take several months, making it difficult for employers in need to take advantage of this pool of existing labour. On May 12th, the Government of Canada announced a new, temporary policy that will substantially reduce the time it takes for temporary foreign workers with an employer-specific work permit to start a new job with a different employer. Effective immediately, temporary foreign workers with employer-specific work permits can get preliminary approval to start working in a new job with a different employer even though their work permit application is still being processed. Previous rules required temporary foreign workers to obtain a new work permit naming the new employer prior to starting work at a new job, a process which often takes several months. The new preliminary approval process will take 10 days or less.

To be eligible, foreign workers must:

  • be in Canada with valid status;
  • have an employer-specific work permit under the Temporary Foreign Worker Program or International Mobility Program; and
  • have submitted an application for a new work permit with a valid Labour Market Impact Assessment (“LMIA”) under the Temporary Foreign Worker Program or a valid Online LMIA Exempt Offer of Employment under International Mobility Program.

A work permit applicant who satisfies the above conditions can submit a request to Immigration, Refugees and Citizenship Canada (“IRCC”) for authorization to start working at their new job before the work permit is processed. Their request will be reviewed within 10 days and if approved, authorization will be sent to the worker by email. IRCC has not yet released details on the application process. The LMIA requirements for employers remain the same.

The new policy will definitely help both employers and employees during these difficult times.

Please contact our lawyers at Borders Law firm, if you have any questions.


Borders Law firm

Madhuker Akula

Associated with Borders Law Firm for 13+ years, I have nothing but the best things to say about their services. Devika and Andres are very knowledgeable and they treat you with respect and compassion. Working with Jenny, their Associate Lawyer during the most recent recent experience has further assured that the firm has the best people portraying their wealth of experience in all aspects of Canadian immigration law.

Victor Hernandez

Andres and his team at Borders Law Firm really impressed everyone at Siller Helicopters. We came to Andres with a very complex case for work visas, with a time-sensitive and moving window. Andres was very responsive to all forms of communication which highly contributed to completing the work visa packets in a very short window of time. Their knowledge and attention to detail are impressive and made it a pleasure to work with Andres and his team. Our crews had no issues getting their work visas approved when they arrived in Canada. In fact, the Canadian officials complimented the visa packets they presented, stating they were the most professional and organized packets they had seen in a long time. Thanks to Andres and Borders Law Firm, Siller Helicopters was able to take part in the emergency restoration of power, to towns that were affected by this year's wildfires in Canada. Thank you again Borders Law Firm.

Abin Abraham

Borders Law firm is one of the best immigration consultants & lawyers in Ontario, Canada. Their way of service is outstanding & Ms.Devika’s service is really appreciable. She will clearly tell the best option that suits you. Special thanks to Jenny, she helped the documentation part in a professional way. I will 100 percentage suggests borders law firm for immigration-related services. Thank you so much for your service.

Baljinder Singh

Everyone in this office was incredibly supportive and helpful. In a situation that could have been very stressful, they took care of EVERYTHING. Thanks Jenny and Devika for providing exceptional service. Dealt with them for the second case, they kept me in loop for the whole process. Highly recommend using them again which in hindsight I will not have to but if you ever need legal help, they are definitely the people to go to!

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