Working While you Wait: 2025 Updates for Temporary Foreign Workers (and their employers) in Canada

Is the COVID -19 pandemic really over? Afterall, many of the changes to how we work and communicate with each other changed radically over the last five years. Work from home is now the norm for many, and meetings over Zoom common among team members at work or for job seekers interviewing for a job. Even immigration policies changed during the pandemic, and some were maintained to address new challenges, such as a difficulty meeting service standards.

The public policy exempting temporary foreign workers from meeting certain requirements when changing employment was applied in May 2020 to address the problem posed by travel restrictions preventing foreign workers from leaving Canada when their work permits expired. It also provided a pool of eligible workers to fill labour shortages at a time when Canadians and permanent residents were told to stay home.

Fast forward to early 2025: temporary workers now face extremely long wait times—up to 196 days or 6.5 months—to receive a new or renewed work permit from inside Canada.

Without the public policy, temporary foreign workers would have to stop working and wait to receive a new work permit. Who can afford not to work for 6.5 months? Even for those who can save money it’s a long time to go without income.

Who qualifies for the Temporary Public Policy to Exempt Foreign Nationals in Canada from Certain Requirements When Changing Employment? Under this policy there are 3 broad categories of workers who may continue working for the same employer in a different position or change their employer and position while waiting for a new work permit:

• A temporary foreign worker bound to a specific employer through an LMIA-based work permit or employer-specific non-LMIA work permit whose work permit is expired and who is on ‘maintained status’ and unable to change employment until the new work permit is issued

• Temporary foreign workers with a valid LMIA-based work permit or employer- specific non-LMIA work permit who need to change employment for a variety of reasons that could include a layoff, conflict or incompatibility in the workplace, seeking better compensation, or professional growth opportunity with a different employer

• A foreign national who doesn’t require a work permit for the work they are currently doing but will require a work permit for a new occupation and/or employer

In addition to falling into one of the above categories of workers, applicants must:

• Be in Canada with valid temporary worker status (maintained status counts)

• Have complied with the requirement to not work without authorization

• Have complied with the conditions of their work permit that include the type of work, the employer, the location of work, and the times and periods of work

• Specifically request the public policy be applied to their situation until there is a decision on the new work permit application

• Provide biometrics (fingerprints and photo) at the time of renewal/new permit (this requirement was waived in the 2020 policy due to Covid)

• Stop working immediately and apply to restore your status if your new work permit application is refused

It’s important to note that this policy only applies to temporary workers who are tied to a job and/or employer or need a work permit for a different job and have submitted an application to extend or change the conditions of their previous work permit before they change employers or positions.

If you have more specific questions about this policy or require guidance on how to use it as an employer or employee, reach out to us at COMPASS Immigration Solutions.