Transitional work permit for inside Canada applicants
If you have recently applied for a work permit inside Canada, you have probably received a transitional work permit. If you find this document confusing, you are not alone. However, don’t worry! I’ll explain transitional work permits for inside Canada applicants here. Thus, keep reading.
- What is a work permit?
- Extending or applying for a work permit inside Canada
- What is this new measure, then?
- What is the use of this transitional work permit?
- Let us help!
Regardless of the nature of the work permit, it is temporary. Consequently, each work permit has an expiry date.
If your work permit is expiring, you could apply for a new one from inside Canada. However, you must meet the new work permit requirements and apply for it before the old one expires. If you apply in a timely fashion, then you will have implied status. As a result, your old work permit remains in effect until the officer finalizes your new application. To emphasize this issue, we could also refer to subsection 186(u) of IRPR.
R186(u) A foreign national may work in Canada without a work permit until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit. They have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
This section emphasizes the work conditions may not change while you are waiting for the new work permit. Nonetheless, IRCC issued a Public Policy on May 12, 2020, to assist foreign workers during the coronavirus pandemic. According to this policy, the workers may change their employers immediately if they apply for a new work permit. However, this policy could cease existence at any time.
As mentioned earlier, every work permit is temporary. Nevertheless, IRCC has taken another measure during the COVID-19 fiasco. This measure applies to you if you meet the following criteria:
- You qualify for applying for a work permit inside Canada.
- You have promptly submitted your application while residing in Canada.
IRCC usually issues you a transitional work permit in a matter of a week or less upon receiving your complete online application. However, the work permit will only be valid for a few weeks (usually 17 weeks or less). Of course, this document does not reflect their final decision. Regardless, you may continue working while waiting for the actual work permit. Keep in mind, receiving a transitional work permit does not guarantee the approval of the work permit application.
As mentioned earlier, R186(u) allows you to work in Canada with an implied status. Nonetheless, it is difficult to explain this to the employers or even the health authorities of the province. Therefore, you could face losing your job or Universal Healthcare coverage. You may even encounter other problems. Consequently, a transitional work permit could act as a band-aid solution for these problems.
- These types of transitional work permits assist foreign workers during the pandemic. Therefore, the government may stop this practice at any time.
- IRCC usually does not issue these temporary work permits for PGWP applicants.
If you intend to apply for a transitional work permit inside Canada, fill out the following form. Of course, you may consider booking a consultation session with me.
If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licensed practitioner.
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This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.
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