Public policy exempting certain out-of-status foreign nationals in Canada from immigration requirements July 14, 2020

A temporary public policy has been issued by Immigration, Refugees, Citizenship Canada (IRCC) exempting certain foreign nationals in Canada from statutory requirements when they have fallen out of status.

This public policy has 2 elements related to restoration:

• An exemption from the requirement to apply for restoration within 90 days of losing temporary resident status for all foreign nationals (former workers, students and visitors) in Canada. Temporary residents whose work permits, study permits or authorization to stay expired after January 30, 2020 will have until December 31, 2020 to apply to restore their status instead of the current 90 days.
• Interim work authorization. While all in-Canada foreign nationals who have lost their temporary resident status within the specified timeframe will be exempted from the requirement to apply for restoration within 90 days of losing their status, the authority to work while their restoration and work permit application is being processed will be available only to those who were previously assessed as workers (that is, those who held a work permit in the 12 months prior to their application for restoration of temporary resident status), have a job offer, and have submitted an employer-specific work permit application supported by a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program or an LMIA-exempt offer of employment under the International Mobility Program.

This public policy comes into effect on July 14, 2020, and remains in effect until December 31, 2020.

Please do not hesitate to contact one of our lawyers at Borders Law Firm for further details.