Changing jobs or employers - How to apply for a work permit while your application is being processed

In Canada, foreign workers' rights to change jobs or employers are governed by specific rules designed to protect both workers and the integrity of the Canadian labour market. These rights vary according to the type of work permit held by the worker.

Foreign workers holding an open work permit can change employer without having to apply for a new authorization. This type of permit offers significant flexibility, allowing workers to seek and accept new jobs in Canada without specific employer restrictions.

On the other hand, workers with a closed work permit, which binds them to a specific employer, must follow a detailed procedure to change jobs or employers. This procedure includes obtaining a new job offer and, in most cases, submitting a new work permit application to Immigration, Refugees and Citizenship Canada (IRCC). It is imperative that the job offer be accompanied by a positive Labour Market Impact Assessment (LMIA), except in cases where exemptions apply.

All foreign workers, regardless of the type of work permit they hold, have the right to work in a safe and respectful environment, free from any form of abuse, as stipulated by Canadian employment and human rights legislation. They also have the right to change employer if they are abused, or if working conditions differ significantly from those agreed in their employment contract or initial job offer.

It is crucial for foreign workers wishing to change employers to be informed and to follow the legal procedures in force, so as not to jeopardize their status in Canada. Immigration, Refugees and Citizenship Canada offers resources and guidelines to help with this process. In addition, consulting an immigration advisor can prove beneficial in navigating the process successfully.

The flexibility offered by Canada's immigration system aims to balance the needs of the labor market while protecting the rights of foreign workers, thus encouraging a fair and equitable working environment for all.

How can I request a change of job or employer while my new work permit application is being processed?

If you are in the process of applying for a change of job or employer and have already submitted a new application for a work permit in Canada, it is essential to know how to apply for a work authorization while Immigration, Refugees and Citizenship Canada (IRCC) processes your application. This process requires a clear understanding of the steps to follow to ensure that your employment transition remains compliant with IRCC regulations.

Step 1: Assess your current situation

Before starting the process, determine the type of work permit you currently hold:

• Open work permit: If your permit is open, you can change employers without further authorization from IRCC.
• Closed work permit: If you have a closed work permit, you must follow a specific procedure to change employer.

Step 2: Get a new job offer

For all permit types, make sure you have a valid job offer from your new employer. This offer must comply with IRCC requirements and, if necessary, be accompanied by a positive Labour Market Impact Assessment (LMIA).

Step 3: Apply for a change to your work permit

For a closed work permit, submit an application to modify your current work permit, including your new job offer and the EIMT (as well as the CAQ in Quebec). Use IRCC's online portal to do this, and select the appropriate option indicating that you are changing employer.

Step 4: Request a temporary work permit while your application is being processed

• While your application is being processed: If your current permit is about to expire, or if you need to start working for your new employer before your modification application is processed, you can apply for an interim work permit.
• Procedure: Contact IRCC via the web form to explain your situation and request an interim work permit. Include evidence of the urgency or necessity of starting work for the new employer before your permit amendment is approved.

Step 5: Follow up and update your request

Use your IRCC online account to track the progress of your work permit modification and temporary work authorization applications. Update your application if your situation changes or if you receive new relevant documents.

Important tips

• Communication with IRCC: Keep an open line of communication with IRCC, especially if you encounter delays or need a quick response.
• Timeliness: Start this process well before your current permit expires, to avoid any interruption in your ability to work legally in Canada.
• Consideration of processing times: Be aware of processing times and plan accordingly to avoid periods without legal employment.

How can I obtain a work permit while waiting for a new work permit?

To change jobs or employers while waiting for a new work permit related to a given employer in Canada, follow these steps carefully:

Step 1: Complete the IRCC Web form

• Access the Immigration, Refugees and Citizenship Canada (IRCC) web form and select the "Your application" section.
• Copy the specific text provided by IRCC adapted to your job change situation, making sure to complete the sections in square brackets. These sections include dates, name of employer(s), and job title.
• If your initial application was on paper and you do not have your application number, please provide the tracking number of your mailing. This will help IRCC identify your file.
• If you have any further questions, you will need to complete a new IRCC web form.
• Be sure to include the code PPCHANGEREMPLOI2020 when submitting your application to ensure your file is prioritized.

Step 2: Wait for a work authorization e-mail

• After submitting the Web form, please wait to receive an e-mail response from IRCC.
• Response time is usually 10 to 15 days, but may be longer for requests submitted on paper.
• The e-mail you receive will confirm whether you are authorized to work while your application is being processed. Please note that this e-mail does not constitute a work permit.

It's crucial to check current processing times for work permit applications processed in Canada, so you can adjust your expectations and plan accordingly. By following these steps precisely, you'll maximize your chances of obtaining a temporary work authorization while waiting for your work permit application to be finalized with a new employer.

**Please note that the information presented in this article is subject to change and is provided for reference purposes only; it should not be construed as legal advice. For accurate and personalized immigration advice, we strongly recommend that you consult a qualified lawyer or immigration consultant.