Canada allows eligible temporary foreign workers to begin new jobs while work permit applications are pending

Canada allows eligible temporary foreign workers to begin new jobs while work permit applications are pending

Summary: Canada has introduced a temporary public policy that lets certain foreign nationals already in Canada with employer-specific conditions start working for a new employer or in a new occupation while their new work permit application is pending, subject to eligibility and an approved exemption request.

Date of update: 2025-12-05 | Source: IRCC | Program affected: Work Permit Canada has enacted a temporary public policy under the Minister’s authority in IRPA s.25.2 enabling eligible temporary foreign workers in Canada to begin new employment before a final decision is made on their new work permit application. The measure aims to reduce breaks in employment, better utilize workers already in Canada, and support employers facing labour gaps. This policy replaces the COVID-19-era flexibility signed May 6, 2020, and was signed on March 4, 2025. It takes effect 12 weeks after signature (May 27, 2025) and remains in force until revoked. Key points
- Eligibility: Foreign nationals must be in Canada with valid temporary resident status; meet IRPR 199(a) or 199(b); have submitted a new or renewal work permit application under IRPR 200(1)(c)(ii.1) or (iii) (TFWP or IMP); intend to work for a new employer and/or occupation per the job offer; and apply for the policy exemption via IRCC’s designated electronic process, requesting coverage until a decision is made.
- Who may benefit:
• Workers on “maintained status” limited by prior employer-specific conditions.
• Holders of valid employer-specific work permits needing to change employers/occupations (e.g., after a layoff).
• Individuals currently work-permit exempt who need a permit for a new employer/occupation.
- Exemptions granted (until the new work permit is decided or withdrawn): IRPR 183(1)(b) (no work unless authorized), 185(1)(b)(i)–(iv) (conditions on type of work/employer/hours), and 196 (permit requirement), subject to meeting all other admissibility and eligibility rules.
- Scope: Applies to job offers under the Temporary Foreign Worker Program or the International Mobility Program; decisions are by delegated officers on a case-by-case basis. Legal context and administration
- Authority: IRPA s.25.2 public policy.
- Application step required: Workers must submit a specific public policy exemption request using IRCC’s designated electronic channel (or an alternate format if unable to use electronic means).
- Duration: Exemption remains valid only until IRCC renders a decision on the pending work permit application or the application is withdrawn. Independent analysis
- Positive impacts:
• Reduces income disruption for workers and allows faster onboarding for Canadian employers.
• Improves labour market efficiency by leveraging talent already in Canada, aligning with the government’s goal to curb new inflows while addressing skills gaps.
• Offers a safer, lawful pathway for workers to exit unsuitable or unstable jobs without falling out of status.
- Risks and limitations:
• Not automatic—workers must qualify and secure the exemption; those lacking valid temporary resident status are ineligible.
• Potential for increased employer turnover and compliance monitoring demands.
• Discretionary decision-making may yield uneven processing experiences; the exemption ends immediately if the underlying application is refused or withdrawn. What’s next
Affected workers and employers should ensure the new job offer meets TFWP/IMP requirements and promptly file both the work permit application and the specific exemption request to begin work lawfully while awaiting a decision.

Tags: Canada immigration, IRCC, temporary foreign workers, work permits, maintained status, TFWP, IMP, IRPA s.25.2, employer-specific work permit, Canadian labour market, immigration policy update