The main adjustments to LMIA-exempt work permits in 2024 – yr in evaluation…

In 2024, the Canadian federal authorities made main adjustments to LMIA-exempt work permits.

This text will evaluation essentially the most important adjustments impacting overseas nationals looking for to work in Canada, excepting below the Labour Market Impression Evaluation-based Momentary International Employee Program (TFWP), and the Publish-Commencement Work Allow (PGWP).

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The main adjustments had been as follows:

Mexican nationals not TRV exempt

As of 29 February, 2024, Mexican nationals are not exempt from requiring a short lived resident visa (TRV) to enter Canada. There are additionally tightened necessities for them to be eligible for digital journey authorizations (eTAs).

Previous to this modification, Mexican nationals had been TRV exempt, permitting them to use for some work permits at Canadian ports of entry.

Beneath the brand new guidelines, Mexican nationals can not apply for work permits at Canadian ports of entry. In addition they require visas as a way to enter Canada, except they qualify for ETAs below the brand new, tightened eTA necessities.

To qualify for an eTA now, Mexican nationals should meet all the next necessities:

• Be transiting by way of a Canadian airport to a different vacation spot, OR be flying into Canada;
• Be coming to Canada for a short lived keep (e.g., 6 months or much less); and
• Both maintain a sound US nonimmigrant visa, or have held a Canadian customer visa up to now 10 years.

The Canadian authorities carried out this modification in response to an increase in asylum claims from Mexican nationals in 2023.

Elimination of eligibility for SOWPs for spouses of undergraduate and school college students

On January 22, 2024 IRCC introduced that they might take away eligibility for Spousal Open Work Permits (SOWPs) for spouses of scholars in most college bachelor’s applications and school applications. This modification took impact on March 19, 2024.

Spouses of college grasp’s college students and doctoral college students remained eligible for SOWPs after this modification.

IRCC additionally made exceptions for sure college vocational applications. Spouses of scholars enrolled within the following applications would additionally stay eligible for SOWPs:

• Physician of Dental Surgical procedure (DDS, DMD).
• Bachelor of Legislation or Juris Physician (LLB, JD, BCL).
• Physician of Drugs (MD).
• Physician of Optometry (OD).
• Pharmacy (PharmD, BS, BSc, BPharm).
• Physician of Veterinary Drugs (DVM).
• Bachelor of Science in Nursing (BScN, BSN, BNSc).
• Bachelor of Training (B. Ed.).
• Bachelor of Engineering (B. Eng., BE, BASc).

On 18 Sept, 2024 IRCC went on to announce additional pending restrictions on SOWP eligibility (see beneath), however the adjustments introduced in Sept haven’t been carried out as of 10 Jan, 2025.

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New IMP work allow for International Hypergrowth Mission

On April 15, 2024, IRCC launched a brand new employer-specific LMIA-exempt work allow below the Innovation Stream pilot.

This work allow might be issued for as much as 5 years.

To qualify for this work allow, a overseas nationwide should have a job supply in a high-skilled occupation from an employer collaborating within the International Hypergrowth Mission:

• Ada Help Inc.
• AlayaCare.
• CellCarta.
• Clarius Cell Well being.
• Clio.
• Duchesnay Pharmaceutical Group (DPG).
• Lightspeed Commerce.
• Vive Crop Safety.

International nationals with occupations in NOC TEER zero or 1 could also be eligible for sooner processing of their work allow functions below this stream.

The Innovation Stream is ready to be in place till March 22, 2026.

New work allow for PNP nominee candidates

Efficient August 11, 2024, IRCC launched a brand new momentary public coverage, below which overseas nationals might apply for open work permits.

To qualify, a overseas nationwide needed to

• Have a assist letter from the province or territory for which they’re a nominee candidate;
• Have a letter of employment from their present employer; and
• Fall into one of many following three conditions:
  • One: maintain a sound work allow, and have submitted an software for a brand new work allow.
  • Two: Have held a sound work allow on Might 7, 2024, which has since expired, and have submitted an software for a brand new work allow, and an software for an extension of their authorization to stay in Canada as a short lived resident, or restoration of their momentary resident standing.
  • Three: Have been approved to work on Might 7, 2024, and have a pending or accepted work allow extension software, and have submitted an software for a brand new work allow, and an software for an extension of their authorization to stay in Canada as a short lived resident.

IRCC carried out this coverage to permit overseas nationals to proceed to have authorized authorization to work in Canada whereas being thought-about as Provincial Nominee Program (PNP) candidates.

Alberta, Manitoba, and Yukon moved ahead with implementations below this coverage.

This momentary public coverage expired December 31, 2024.

Finish of momentary public coverage to exempt sure guests in Canada from immigration necessities through the coronavirus (COVID-19) pandemic

IRCC ended this momentary public coverage on August 28, 2024.

Whereas this momentary public coverage was in drive, it had allowed overseas nationals to submit job-offer supported work allow functions from inside Canada, supplied that they

• Had been in Canada with legitimate momentary resident standing;
• Had been in Canada when the coverage took impact, and have since remained in Canada; and
• Held a sound work allow 12 months previous to having submitted their software.

Supplied a overseas nationals met all these situations, they might

• Not be required to satisfy sure necessities usually wanted for being allowed to use for a piece allow from inside Canada;
• Be exempt from the requirement that they not have labored in Canada with out authorized authorization; and
• Be legally approved to work whereas a call was pending on their software.

This was a pandemic-era measure supposed to serve two functions:

• To permit guests stranded in Canada as a result of pandemic to work to assist themselves; and
• To supply further employees to fill gaps within the Canadian labour market through the pandemic.

Previous to the announcement ending this coverage in August, the coverage had been set to run out on February 28, 2025.

IRCC typically establishes set finish dates for momentary public insurance policies when the insurance policies are fist established, whereas retaining the ability to finish these insurance policies at any time with out prior discover.

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Up to date directions concerning ICTs below the IMP

On October three, IRCC up to date its directions to officers concerning work permits issued to intra-company transferees (ICTs) below the Worldwide Mobility Program (IMP).

These adjustments made it harder for overseas nationals to qualify for ICT work permits. The main adjustments had been

• Steerage to officers on the requirement to make sure that the overseas enterprise qualifies as an current multinational company (MNC); and
• Clarification on the definition of “specialised data,” the way to assess whether or not an applicant has specialised data, and whether or not a place requires specialised data.

The steering to officers additionally strengthened that ICTs are usually not meant for use “as a way to switch an enterprise’s basic work drive to affiliated entities in Canada.”

Extension of TR to PR momentary public coverage

On 17 Dec, 2024, IRCC prolonged the momentary public coverage permitting for open work permits to be issued to candidates making use of for everlasting residence below the momentary resident to everlasting resident pathway (TR to PR pathway).

The TR to PR pathway was a limited-time pathway to everlasting residence which closed on November 5, 2021.

The extension of the momentary public coverage applies to overseas nationals with functions nonetheless being processed below the TR to PR pathway.

Eligible overseas nationals can apply for this open work allow if they’ve a sound work allow expiring in 4 months or much less, and meet the opposite necessities. Their relations might also be eligible to use for open work permits.

This momentary public coverage has been prolonged till December 31, 2026. IRCC could revoke the coverage at any time with out discover.

Ban on flagpoling

Flagpoling is the time period for a short lived resident leaving Canada at a port of entry, after which instantly looking for re-entry into Canada, as a way to achieve same-day processing of an immigration software, akin to a piece allow software or extension.

Immigration Minister Marc Miller introduced this ban on 17 Dec, 2024, and the ban took impact on 23 Dec, 2024.

Previous to the ban, flagpoling was a authorized and accepted follow out there to overseas nationals inside Canada.

There are a number of exceptions to this ban on flagpoling:

• Residents and lawful everlasting residents of the USA;
• Professionals and technicians below free commerce agreements with the US, Mexico, Chile, Panama, Peru, Colombia, and South Korea;
• Spouses off professionals and technicians below free commerce agreements with Panama, Colombia, and South Korea;
• Worldwide truck drivers holding work permits, when required to depart Canada for work, who held maintained standing on account of getting utilized for renewal previous to departing; and
• Individuals who have current appointments booked with CBSA.

International nationals who don’t qualify for an exception can not flagpole; they should apply from inside Canada and watch for processing.

On 21 June, 2024, IRCC had banned flagpoling for PGWP candidates.

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Targets for web new IMP work permits

On 24 Oct, 2024, IRCC launched its annual Immigration Ranges Plan—the primary to incorporate targets for web new momentary residents.

IRCC established the next targets for web new IMP work permits:

These targets are for the issuance of web new work permits below the IMP, so don’t embrace renewals or extensions of IMP work permits for overseas nationals already in Canada.

The institution of targets for momentary resident ranges and the deliberate discount of web new work permits issued below the IMP align with IRCC’s goal to cut back the variety of momentary residents as a proportion of Canada’s general inhabitants.

IRCC intends to cut back this proportion from 2024 ranges of seven%, to five% by 2026.

Proscribing eligibility for SOWPs

On September 18, 2024, Immigration Minister Marc Miller introduced the federal government’s intention to additional limit eligibility for SOWPs “within the close to future.”

On this announcement, Miller introduced that spouses of grasp’s college students had been solely to be eligible for SOWPs if the grasp’s program was no less than 16 months in length.

Miller additionally mentioned that spouses of labor allow holders had been solely to be eligible for SOWPs if the work allow holder’s occupation was in a specialised occupation or a sector with labour shortages, and supplied the next examples:

• Executives;
• Scientists;
• Engineers;
• Attorneys;
• Professors;
• Technicians;
• Healthcare employees; and
• Building employees.

Miller mentioned that these adjustments would happen in 2024, however the adjustments haven’t but been carried out.

Main adjustments to TFWP and PGWP work permits in 2024

The above adjustments align with the federal authorities’s coverage trajectory of tightening immigration all through 2024.

CIC Information has noticed this sample in our yr in evaluation articles for the Momentary International Employee Program (TFWP) and for the worldwide pupil program, together with Publish-Commencement Work Permits (PGWPs).

Main adjustments to the TFWP and PGWP included

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