Changes to Work Permit Applications at Canadian Ports of Entry

On December 24, 2024, Immigration, Refugees and Citizenship Canada (IRCC) implemented a significant revision to its work permit application policy at ports of entry (POEs). The new rules primarily affect foreign nationals already present in Canada, limiting their access to immigration services at POEs.

Previously, qualified foreign nationals could apply for work permits directly upon their arrival in Canada. This streamlined process allowed individuals to obtain employment authorization at the border, benefiting both employers and employees.

However, the revised guidelines now restrict certain foreign nationals already in Canada from applying for work permits at POEs. Instead, they are required to submit their applications from within Canada.

Overview of the Recent Policy Change

The limitation on POE applications coincides with a recent IRCC ban on "flagpoling," a practice where foreign nationals could leave Canada and re-enter within 24 hours to access immigration services at the POE.

Under the previous rules, eligible individuals could still seek immigration services at a POE after being outside Canada for more than 24 hours. The latest update eliminates this possibility. Moving forward, applicants wishing to change or renew their work permits or hold valid ones are directed to apply through established methods from within Canada.

This change pertains explicitly to individuals already in Canada with valid work permits. Those who do not fit this category but are eligible can still apply for work permits at a POE.

Potential Effects on Application Volume

The updated policy is expected to contribute to a noticeable increase in online applications from individuals already in Canada, further exacerbating the current backlog of cases.

Currently, the processing time for applications submitted within Canada is about 170 days. Without the implementation of new systems or processes by IRCC to manage this anticipated increase, these wait times may be extended. A news release dated December 23, 2024, indicated that nearly 70,000 individuals in Canada relied on flagpoling between April 2023 and March 2024. With the removal of this option and the updated regulations regarding POE applications, we can expect a comparable rise in in-Canada applications over the coming year, putting significant pressure on the immigration system.

This situation underscores the necessity for proactive planning and preparation. While maintained status may apply in specific scenarios, it can confuse employers and limit workers' flexibility. Early applications can help mitigate these challenges.