Until recently, the intake of some skilled immigration programs were suspended due to backlogs caused by the COVID-19 pandemic. This has left many skilled international students, who would have otherwise been able to apply for permanent residence in Canada, without status and with expired work permits. The government’s new policy will allow these students and recent graduates to continue to work and remain in Canada despite the challenging circumstances they have faced over the pandemic. An estimated 93 000 people have been affected and are potentially eligible for the special policy, with work permits that have expired over the given period of time.

The immigration department will begin to email individuals whose work permits have expired, or will be expiring, between September 20, 2021, and December 31, 2022. The department will provide them with proof that they are eligible to work in Canada, which they can then show to prospective employers. The new program should alleviate some of the pressure felt by those students who were unsure whether they would be able to continue to stay and work in Canada due to their immigration status. 

Students whose work permits have expired or are expiring before October 1, 2022, must apply online for a new work permit. Those who are still in Canada but with an expired status must apply both to restore their status and to obtain a new work permit at the same time. Usually, one can only restore their status within 90 days of its expiration date, but the special measures will temporarily lift this restriction. 

By implementing this strategy alongside others, the immigration department is beginning to make a dent in the application backlog caused by the pandemic. They are hopeful that processing times will be back to normal by the end of the year. If you are an international student who is awaiting news on your immigration status, contact the immigration lawyers at Brace Law. Call 905-815-6555 and Consider It Handled.  

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LMIA exempt work permit

The main benefit of having a LMIA exempt work permit (Open Work Permit) is that you have the flexibility to work anywhere. Below we have outlined different situations that would be eligible to apply for an Open Work Permit:

While living in Canada, you would be eligible for an Open Work Permit if you have submitted a common law or spousal sponsorship application. If your spouse or common law partner is studying in Canada or they have an employer specific LMIA work permit, then you as the spouse or the common law partner, would be eligible for an Open Work Permit.

You would also be eligible for an Open Work Permit if you have received an invitation to apply for an Express Entry and you have submitted your application.

As a vulnerable worker, you could qualify for a 6-month Open Work Permit.

If you are an approved Refugee claimant, waiting for your hearing at the Immigration Refugee Board, then you would be eligible for an Open Work Permit. As well, if you are under a removal order that has been stayed, you would still be eligible for an Open Work Permit.

If you have further questions about Open Work Permits, we highly encourage you to visit BraceLaw.ca

LMIA Work Permit

A Labour Market Impact Assessment (LMIA) Work Permit on the other hand is an employer specific work permit. This means you can only work for that authorized employer.

Exemptions under LMIA are offered on a limited basis. One example of the LMIA exemption work permit is the intra company transfer. This is when you transfer employees from one company to the other. You need to show that the Canadian company and company in another country have affiliations, or are related, and they do business together. The categories for an intra company transfer are: professional employees, executive managers or employees that have special knowledge.

There are certain eligibility requirements which include that employees would need to show that they have worked for the sister company in the foreign country for at least one year as well as meet other job requirements.

One nice thing about the LMIA exemption code work permit is that if you are from a VISA exempt country, then you can apply for a work permit upon entry into Canada at a Port of Entry if you meet all of the requirements.

We highly advise that you get in touch with us at Brace Law to explore your options as to whether or not you would be eligible under one of the codes that would satisfy an LMIA exempt work permit.

Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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