Visitor Visa to Work Permit Canada

Immigration, Refugees and Citizenship Canada (IRCC) introduced many changes to its policies during the COVID pandemic in an effort to address some of the issues created by the inability to cross borders. One of those changes involved the ability of visitors to apply for a work permit from inside Canada.

Can Visitors Work In Canada?

One of the COVID-related changes introduced by the federal government was the ability for visitors already in Canada to apply for work permits. This temporary public policy has recently been extended until February 2025. Of all the new special measures introduced during the pandemic, the ability to change status from visitor to worker was the one that caused the most confusion in the general public, and continues to do so. In this article, we address some common misconceptions about these special measures and explain how this temporary policy works, and why.

What Does a Work Permit from Within Canada Mean?

The Regulations under the Immigration and Refugee Protection Act (IRPA) set out who can apply for a work permit from inside Canada – generally speaking, it is those who already have a work permit or a study permit for Canada, and does not include visitors. Under normal circumstances, visitors in Canada need to apply for an initial work permit from outside the country – which could either mean at a US visa post or at the visa post serving their home country. 

It is important to be clear about what it means to apply for a work permit from inside or outside of Canada. The terms do not refer only to the location of the individual, but also the location of processing. Applying from inside Canada means that the individual is present inside Canada and is applying to CPC Edmonton for a change in their status. For example, a visitor is requesting a valid work permit. Applying from outside Canada means that the application will be processed at a visa office outside of Canada. However, the outside-Canada application can also be submitted when the person is physically present in Canada. In other words, it can apply to a visitor with valid status seeking to change their status to be able to work. We consider this option of applying abroad below, because sometimes it is quicker than applying inland.

Applying to Work while in Canada as a Visitor - The Process

As we have seen, a new policy was introduced during the pandemic which enabled visitors inside Canada to apply for a work permit from inside Canada. To understand the effect of this change in policy, it’s important to understand the process behind both types of work permit applications – inside and outside.

The process to apply for a work permit inside Canada is to submit an online Application to Change Terms and Conditions (IMM 5710). Temporary residents with valid visitor status applying to work without leaving Canada can use this process. The application will be processed in Edmonton and if approved, a paper work permit will be mailed to the Canadian address indicated on the application form. As part of this application process, the applicant needs to show that they currently have valid immigration status in Canada. If you have family members accompanying you inside Canada, ensure that you also submit an application to extend their stay as well. 

The process to apply for a work permit from outside of Canada is to submit the Application for Work Permit Made Outside of Canada (IMM 1295). The application will be processed in one of the following locations: the visa office responsible for the applicant’s current country of residence, the visa office responsible for the applicant’s country of origin, or a US visa office if the applicant has valid temporary resident status inside Canada. If the application is approved, the applicant will receive a work permit approval letter from IRCC and they will need to travel to one of Canada’s borders (land or airport) in order to receive the paper work permit.

What the COVID Special Instructions Accomplished 

As indicated, the temporary policy change allowed those already in Canada with visitor status to apply for an initial work permit because the borders were closed to this type of traffic during the pandemic. Canada preferred to simply mail the approved work permit to applicants already in Canada, rather than have them travelling to land borders when such travel was discouraged.

This is the biggest change in the policy that allows visitors to apply for work permits. The work permit is mailed to the applicant inside of Canada instead of being printed at the port of entry. The policy does not enable visitors to simply start work in Canada without a work permit as is commonly assumed.

Converting Visitor Visa to Work Permit - The Criteria

Visitors applying to change from visitor status to a work permit will need a valid job offer from a Canadian employer in order to apply for an employer-specific work permit. (Open work permits are not usually an option). Obtaining a job offer is the most difficult part of obtaining an employer-specific work permit in Canada, and nothing about this changed with the new policy. 

In most cases, the Canadian employer will need to obtain a Labour Market Impact Assessment (LMIA) to hire a foreign national, including foreign nationals who want to change from visitor to temporary foreign worker. The employer must be able to prove they are facing significant labour shortages in the Canadian job market to justify hiring foreign workers to fill their positions. 

To obtain the LMIA, the employer must first advertise the position locally for 4 weeks, and then submit an application to Service Canada requesting approval to hire a temporary foreign worker. The overall LMIA process takes approximately 3-5 months and the visitor will not be able to apply for a work permit until the LMIA has been approved. It’s important to pay attention to the expiry of your temporary resident status in Canada during this time, and submit an extension of your visitor status, if needed, in order to remain in status until you can apply for the work permit. 

In order for the work permit to be approved, you will need to show you are qualified for the job being offered to you. The Labour Market Impact Assessment application includes details like minimum education requirements, language abilities and how much prior work experience is required for the job. Of course, the job requirements will vary based on the specific employer and position. Your work permit application must include all supporting documents that prove you meet the eligibility criteria specified in the particular LMIA. You also need to show how you have been supporting yourself inside of Canada without working illegally, by providing evidence of your own savings, or the friend or family member who has been supporting you.

You must also meet the other standard admissibility criteria applicable in every category, namely the checks for past criminal history, immigration offences or a medical exam, if needed. 

How Long Does it Take to Get a Work Permit from Inside Canada?

The processing time for inland work permits has remained pretty consistent at 3-5 months for the past couple of years (2021-2024). As a visitor, you will not be permitted to work in Canada until your work permit is actually issued – meaning you must be able to support yourself in Canada for approximately 8-10 months past the date you receive a job offer from a Canadian employer. This is the time it takes to obtain a positive LMIA and work permit approval. 

There is no policy that allows foreign visitors to request interim work authorization, unless you recently had a work permit and changed to visitor status when the work permit expired. Therefore, it is not possible to get interim authorization to work while waiting for the approval of your permit. 

Another Option - Applying for a Temporary Resident Visa Abroad

It may actually be faster to leave Canada and return to your country of origin to have the work permit processed abroad. The processing times for visa applications at Canadian visa posts abroad vary from one location to another, and it is possible to check processing times online.

Although many overseas visas posts are much faster than 5 months when it comes to processing a work visa, it would be a good idea to check with your Canadian employer to ask when they need you to start work, and also to consider whether or not they are responsible to pay for your airfare (low skilled positions). If your new employer needs to pay your airfare from overseas to have you re-enter Canada, that new employer may not be quite as keen to hire you!

If you want to apply for overseas processing while you have a Canadian address, your work permit application will be routed for processing through a US visa office. While it used to be fairly quick to apply through a US office, around 6 weeks, the processing time lengthened significantly around the start of 2024 - and is now very close to the same timeframe as processing inland. This author is guessing that the US visa posts increased their processing time to match the inland office to discourage receiving high volumes of applications from visitors inside of Canada.

Frequently Asked Questions - visitor to worker in Canada

Can I go to Canada on a tourist visa and find a job?

Yes, it is possible to travel to Canada as a tourist and find a job while here. However, it is important to truthfully declare your purpose in visiting Canada when you apply for the tourist visa from overseas. There have been cases where a work permit has been refused for a visitor where it was clear that they were coming to Canada in order to apply for a work permit, but they declared a different purpose when applying for the tourist visa overseas.

Is it illegal to work on a visit visa in Canada?

Yes, in most cases, a visitor cannot work legally in Canada. You will need to find a valid job offer from a Canadian employer and apply for a work permit. You can only start to work once the work permit has been approved.

Can you convert a Canada visitor visa to a work permit?

Strictly speaking, you don't convert a visitor visa into anything. You simply apply for a new permission - the work permit - and you retain the visitor visa.

How much does it cost to change a visit visa to a work permit in Canada?

A work permit application made on the basis of a job offer in Canada costs $155 in government fees. If you have counsel preparing the application for you, there will be professional fees to pay on top of the government fees.

Can I stay in Canada as a visitor while waiting for a work permit?

Usually you will have six months to stay legally in Canada when you enter as a visitor. Before those 6 months are up, you need to either leave Canada, apply for an extension as a visitor, or apply for a work permit. As long as you have done one of those things prior to your 6 months expiry, you can stay legally in Canada while you wait for a decision on the work permit application.

Are you in Canada as a visitor and hoping to work? Let us help! At The Way Immigration, we are very familiar with the work permit processes – both inside Canada and overseas. We frequently help foreign nationals with visitor status to obtain a valid work permit in Canada. We also regularly file the Labour Market Impact Assessment (LMIA) application for Canadian employers. If you are visiting Canada and have a valid job offer from a Canadian employer, please contact our office today to get started on the process needed so that you can begin working in Canada. Your work permit process is in good hands with the top immigration consultants in Calgary!