What to do if one loses their job on a closed work permit?
Well, temporary foreign workers in Canada must strictly follow the conditions set on their work permit. This means you are legally permitted to work only for the employer, in the location, and in the role specifically mentioned on your permit. Any deviation from these conditions is considered illegal.
If you’ve recently lost or quit your job but your current status hasn’t expired, you may still have options. You might be eligible to apply for a new employer-specific work permit from within Canada. There’s also a possibility of receiving interim authorization from Immigration, Refugees and Citizenship Canada (IRCC) to begin working while your new application is being processed.
In the meantime, you may also have the option to work remotely for a foreign company, depending on your situation and the company’s presence in Canada.
This article outlines two main pathways available to individuals who have lost their job on a closed work permit, along with important considerations and steps for each.
Option One: Applying For A New Employer-Specific Permit
If you are currently in Canada on an employer-specific work permit and you lose your job, it is not lawful to continue working unless you successfully apply for a new work permit.
Typically, foreign nationals are required to apply for a new work permit from outside Canada or at a port of entry, provided they qualify. However, if your current work permit remains valid, you may be eligible to apply for a new one from inside Canada. This is ideally done at least 30 days before your current status expires.
It’s important to understand that even if you’re laid off or terminated, your work permit is still valid until its expiry date. This allows you to legally remain in Canada up to that date, even if you are no longer employed.
Before submitting your new work permit application, you must first secure a new job offer from an employer willing to support your application.
When submitting your application, IRCC requires the following documents:
- A signed copy of your employment contract
- A valid Labour Market Impact Assessment (LMIA)
- If you are exempt from needing an LMIA, an employment offer number will be needed instead.
You must continue to meet all eligibility requirements outlined by IRCC, submit the necessary documentation, and pay the standard application fee of $155. Biometrics may need to be resubmitted depending on your situation.
As of the time of writing, work permits applied for within Canada have a processing time of approximately 210 days.
After receiving a decision letter from IRCC, your actual work permit will be mailed to your Canadian address within six weeks. If your address changes before receiving your decision letter, it is crucial to update IRCC.
You are allowed to begin working for your new employer as soon as you receive a positive decision letter. You do not have to wait for the physical work permit to arrive.
Most applicants must apply for their work permit online unless they meet specific criteria that allow a paper-based application.
Start Working While Awaiting New Permit Approval
If one loses their job on a closed work permit, they need to start working while awaiting new permit approval.
Under certain circumstances, you may be allowed to start working for your new employer even while your new permit application is still in process. This temporary measure can let you return to work within a few weeks instead of waiting months.
An employer-specific work permit only authorizes you to work for the employer listed on it. Generally, this means you are not legally allowed to work for another employer.
However, under a temporary public policy currently in place, IRCC allows workers to apply for interim authorization to begin working for their new employer before the new permit is officially approved.
To do this, use the IRCC web form:
- Under “Other,” click “See details,” then “Continue to form.”
- Select “I’m the principal applicant” and complete all relevant fields.
- In the “Tell us about your request” section, paste the special IRCC-provided text and include your personal information in the indicated areas.
Important: If you’re a worker previously exempt from needing a permit, you still need to request this interim authorization if you want to switch jobs. In this case, you’ll need a different version of the special IRCC text.
Do not forget to include the code “PPCHANGEWORK2020” when submitting your request. Without this code, your request won’t receive priority processing.
After submission, IRCC will typically respond by email within 10 to 15 days if you applied online. Paper applicants should expect a longer wait.
Option Two: Remote Work For A Foreign Employer
What to do if one loses their job on a closed work permit? Well, the second option is to work for a foreign employer.
If your work permit is still valid, and your new employer is based entirely outside Canada, you may be able to continue working remotely from within Canada without needing a new work permit.
To qualify:
- The foreign employer must have no physical presence in Canada
- Must have no Canadian business operations
- Must have no financial ties to Canada
Also, you must not:
- Enter the Canadian labour market
- Serve Canadian clients
- Be paid from a Canadian source
If your work permit is approaching expiration, you must do one of the following:
- Leave Canada
- Extend your stay
- Change your status (for example, from worker to visitor)
You may apply for a Visitor Record (VR) if you want to stay and continue remote work without a work permit.
The VR application can be submitted online through your IRCC Secure Account or on paper. The application fee is $100.
IRCC advises applying at least 30 days before your current status expires, but the earlier the better due to current processing delays (approximately 203 days).
A Visitor Record allows you to legally remain in Canada beyond your original work permit’s expiry. It includes a new expiry date by which you must leave Canada, apply for another extension, or change your status again.
You can remain in Canada while your VR application is being processed, provided it was submitted before your current status expired.
If your work permit has already expired and you haven’t applied for a new one or for a VR, your options are:
- Leave Canada and work remotely from another country
- Leave Canada, apply for a visitor visa (if eligible), and return to work remotely in Canada
To re-enter Canada on a visitor visa, you must convince immigration officers that you will leave at the end of your authorized stay.
Also, remember that living and working remotely from within Canada may make you a resident for tax purposes, requiring you to file a Canadian tax return.
Other Important Considerations
If one loses their job on a closed work permit, it is vital to note that there are other important considerations as well.
If your current work permit expires before you apply for a new one, you generally won’t be eligible to apply from inside Canada. In that case, you’ll need to apply from outside the country.
If you apply for a new permit before your current one expires, you gain maintained status (formerly called implied status).
However, maintained status comes with limitations:
- You may not be able to renew provincial documents like your driver’s license or health card.
- You can’t apply for a new Social Insurance Number (SIN) or update the expiry date of your current SIN.
If your worker status expires and you wish to remain in Canada, you might qualify to restore your status within 90 days if:
- You overstayed by no more than 90 days
- You switched employers or jobs without the proper authorization
To regain legal worker status and obtain a new permit, you must:
- Still meet the original eligibility criteria
- Not have violated any other immigration conditions
- Submit your restoration application within the 90-day window
- Include a detailed explanation outlining why you failed to comply with your original permit’s terms
Priority Processing For Essential Workers
IRCC currently offers priority processing for work permits tied to essential services. This applies to select agriculture, agri-food, and healthcare roles.
If your job falls into one of these categories and you want expedited processing, follow these steps:
- Get the National Occupational Classification (NOC) number from your employer. You’ll find it on your:
- Job offer letter
- LMIA document
- Enter the NOC number into the “Job title” box in Box 4 of the “Details of intended work in Canada” section of the work permit application.
Eligible Agriculture And Agri-Food Occupations:
- Agricultural service contractors and farm supervisors (82030)
- Butchers – retail and wholesale (63201)
- Fish and seafood plant workers (94142)
- Harvesting labourers (85101)
- Industrial butchers and meat cutters, poultry preparers and related workers (94141)
- Labourers in fish and seafood processing (95107)
- Labourers in food and beverage processing (95106)
- Livestock labourers (85100)
- Meat cutters and fishmongers – retail and wholesale (65202)
- Nursery and greenhouse labourers (85103)
- Specialized livestock workers and farm machinery operators (84120)
Eligible Healthcare Occupations:
- Cardiology technologists and electrophysiological diagnostic technologists (32123)
- General practitioners and family physicians (31102)
- Home child care providers (LMIA-required in-Canada applicants) (44100)
- Home support workers, caregivers and related occupations (LMIA-required in-Canada applicants) (44101)
- Licensed practical nurses (32101)
- Medical laboratory assistants and related technical occupations (33101)
- Medical laboratory technologists (32120)
- Medical radiation technologists (32121)
- Nurse aides, orderlies and patient service associates (33102)
- Nurse practitioners (31302)
- Nursing coordinators and supervisors (31300)
- Other professional occupations in health diagnosing and treating (31209)
- Paramedical occupations (32102)
- Pharmacists (31120)
- Physician assistants, midwives and allied health professionals (31303)
- Police investigators and other investigative occupations (41310)
- Registered nurses and registered psychiatric nurses (31301)
- Respiratory therapists, clinical perfusionists and cardiopulmonary technologists (32103)
- Specialists in clinical and laboratory medicine (31100)
- Specialists in surgery (31101)
Those that are not in one of these occupations will not receive priority processing for their work permit applications.
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