Can a Person Without Status in Canada Apply for and Receive a Work Permit?
Applying for a work permit while in Canada without legal status is generally challenging. However, there are some exceptions and notable circumstances where this can be possible. In this article, we will explore the various pathways and provide guidance for those facing similar issues.
Restoration of Status
One of the main avenues for obtaining a work permit involves the restoration of status. If a person has lost their legal status due to, for example, their visitor status expiring, they can apply to restore their status. Once their status is restored, they can then proceed to apply for a work permit. The process involves submitting an application to Citizenship and Immigration Canada (CIC).
Humanitarian and Compassionate Grounds
Another situation in which a person without status might be eligible for a work permit is through humanitarian and compassionate grounds. This route is assessed on a case-by-case basis. Applicants must provide evidence that their absence from Canada for a prolonged period is due to circumstances beyond their control, such as health issues or family emergencies. It's important to note that this option is less common and subject to stringent requirements.
Open Work Permits
Certain individuals, like spouses or common-law partners of Canadian citizens or permanent residents, may be eligible for open work permits even without legal status. These permits typically do not involve a welfare requirement and allow the holder to work for any employer. Individuals in these categories might not need to prove employment to obtain the permit.
Temporary Resident Permit (TRP)
Finally, there is the Temporary Resident Permit (TRP). This permit can be issued to individuals who are inadmissible to Canada but need to remain here for a specific reason, such as dealing with a terminal illness or urgent family issues. A TRP can grant the holder the right to work in Canada, once granted. The TRP process is highly specific and varies depending on the individual's situation.
Seek Professional Advice
Given the complexity and varying interpretations of legal status, it is highly recommended that individuals in these situations consult with an immigration lawyer or certified immigration consultant. They can help navigate the specific details and ensure that all necessary documentation and evidence are provided to maximize the chances of a successful application.
Additional Considerations
Examples of Losing Status: Expired visitor status Losing permanent resident status due to a stay abroad Being removed from Canada or banned by the government
To reapply for a work permit, one must carefully consider how they lost their status. If they were not overstaying a visitor visa or otherwise inadmissible, they might have a stronger case to explore options for reapplying. If status was lost due to overstay or removal, the situation is more complex and may require a more detailed examination.
Affected by COVID-19?
If you are currently in a similar situation and your work permit needs renewal or transfer, you should also consider the impact of the ongoing public health emergency (COVID-19). The borders are currently closed, and individuals must meet specific criteria to enter Canada, such as being an essential worker. Even if permission to enter is granted, the individual will need to self-quarantine for 14 days post-arrival.
For individuals outside of Canada and without a job offer, a valid LMIA (Labor Market Impact Assessment) approved job offer is necessary to obtain a new work permit. However, with the current border closures due to the pandemic, this process can be particularly challenging.
Overall, while obtaining a work permit without legal status is not straightforward, there are legal frameworks and exceptions that may apply. It is crucial to stay informed and seek professional guidance to navigate the complexities of the Canadian immigration system.