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Who Can Apply at the Port of Entry?

Leann Sousa • January 8, 2025

Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a Port of Entry

*Information directly republished from IRCC; Canada.ca. Updated Dec 24, 2024.

Effective immediately, most foreign nationals inside of Canada are no longer eligible to apply for a work permit at a port of entry.

The following work permit applications are exempt from the above restrictions and may still be accepted for processing at a port of entry:

Applicants who are citizens or permanent residents of the United States of America
Professionals and Technicians under Free Trade Agreements (FTAs)

Professional under the free trade agreement with the United States of America and Mexico (T36);
Professional under the free trade agreement with Chile (F22);
Contractual service suppliers or independent professionals under the free trade agreement with South Korea (F32);
Professional under the free trade agreement with Panama (F42);
Professional or technician under the free trade agreement with Colombia (F12);
Professional or technician under the free trade agreement with Peru (F52).

Spouses or common-law partners of applicants under FTAs with South Korea (F32), Panama (F42), and Colombia (F12).
Truck Drivers- who are required to depart Canada for the purpose of their employment and prior to their departure from Canada held a work permit or maintained status as a result of a pending application for work permit renewal. This does not include truck drivers operating solely within Canada.
Applicants with Pre-Scheduled CBSA Appointments

Most foreign workers must apply for a work permit from outside of Canada. A foreign national may apply for a work permit at any time before entering Canada as per section 197 of the Immigration and Refugee Protection Regulations (IRPR). As per ministerial instructions (MI) 62, all applications for a work permit submitted for foreign nationals who are outside Canada at the time of application must be submitted using electronic means—meaning they must apply online.

Some workers can apply at the time of their entry to Canada. When seeking to enter Canada, some foreign nationals may make an application for their work permit at the port of entry per subsection R198(1) if they

are exempt from the requirement for a temporary resident visa (TRV) under section R190 and their job falls within the International Mobility Program (IMP) (that is, they are not required to obtain a labour market impact assessment [LMIA])
are exempt from the requirement for a TRV under section R190 and their job falls within the Temporary Foreign Worker Program (TFWP) (that is, they are required to obtain an LMIA), and a positive or neutral LMIA has been issued by the time they arrive
are a national or permanent resident of the United States (U.S.), Greenland or Saint-Pierre and Miquelon, regardless of whether their job falls within the TFWP or the IMP
are not seeking a work permit in a category not permitted to apply at a port of entry (for example, as a live-in caregiver or as a seasonal agricultural worker)
are seeking entry into Canada and meet the requirements of sections R198 and R200

Note: In addition to the above, before they arrive, the foreign national must have passed their immigration medical examination (IME), if required, and provide the valid results.

The following persons cannot apply on entry to Canada [R198(2)]:

all persons applying for a post-graduation work permit (PGWP)
all persons who require a TRV
all persons who require an IME, whether TRV-required or visa-exempt, unless valid IME results are available at the time of entry
international youth exchange program participants other than U.S. citizens or permanent residents (exemption code C21) (consult International Experience Canada)
seasonal agricultural workers
foreign nationals from electronic travel authorization (eTA) expansion countries, as they are not TRV-exempt as per section R190

Persons who hold a valid work permit or who wish to change their conditions or renew their work permit should apply in Canada, pursuant to section R199.

Persons whose work permits expire while they are outside of Canada may apply at the port of entry if they are eligible to apply there pursuant to section R198. They must provide the officer at a port of entry with sufficient documentation to satisfy the officer that the client meets the requirements for the category to which they are applying.

Note: Although foreign nationals who are exempt from the requirement of a TRV may apply for a work permit at a port of entry, if they are travelling to Canada by air, they will need to apply for and obtain an eTA before entry to board their flight to Canada. At the air port of entry, when their work permit is issued, they will also be automatically issued a new eTA with a new validity date.

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Spousal & Dependant Child Open Work Permit Changes Effective Jan 21, 2025

By Leann Sousa • January 14, 2025

Starting January 21, 2025, eligibility for family open work permits (OWPs) will be restricted to the spouses of specific international students and foreign workers.

Caregiver Pilot Program COMING 2025

By Leann Sousa • January 6, 2025

Details expected soon (January 2025) from IRCC for the new Caregiver Pilot Programs (both childcare and home support workers). We will posted updates here. On June 3, 2024, IRCC Minister Marc Miller announced significant updates to the Caregiver Pilot Programs. These changes aim to streamline pathways for caregivers and address the evolving home care needs of Canada’s population. Key updates include: 1. Permanent Residence on Arrival: Caregivers will now be granted permanent resident (PR) status upon their arrival in Canada. 2. Lower Language Requirement: The minimum Canadian Language Benchmark (CLB) has been reduced to 4, down from 5. 3. Simplified Education Requirement: Caregivers must hold the equivalent of a Canadian high school diploma, replacing the previous requirement of a one-year post-secondary credential. 4. Expanded Work Settings: In addition to home care, caregivers can now work for organizations offering temporary or part-time care for individuals who are semi-independent or recovering from injuries or illnesses. 5. Pathway Permanency: IRCC is working toward making the caregiver pilot programs a permanent part of its immigration strategy. Eligibility Criteria for Caregivers: CLB level 4 in language proficiency. A Canadian high school diploma or its equivalent. Recent, relevant caregiving work experience. A full-time home care job offer. Anticipated Benefits: These updates provide caregivers with more flexible employment opportunities and immediate PR status, creating a clearer and more secure pathway to settle in Canada. Pending Details: IRCC plans to release additional information on the pilot programs, including comprehensive eligibility criteria and application processes early 2025. While awaiting these details, stakeholders hope for effective solutions to address issues experienced in past caregiver programs. These changes represent a significant step forward in meeting Canada’s home care demands while providing greater support to caregivers entering the workforce. https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/06/canada-announces-new-pilot-programs-to-support-caregivers-and-canadian-families.html If you need assistance with this program, don’t hesitate to contact Foothills Immigration. We provide professional immigration advice and guidance to support you every step of the way.

LMIA points to vanish Spring 2025

By Leann Sousa • January 4, 2025

Spring 2025, Immigration, Refugees and Citizenship Canada (IRCC) will implement a significant change to the Express Entry system: candidates will no longer receive additional Comprehensive Ranking System (CRS) points for having a valid job offer. Candidates who have already received an ITA or have an application in progress by spring 2025 will not be impacted. However, once the policy is implemented, it will apply universally to all candidates with LMIA-backed job offers in the pool. Current System: Presently, Express Entry candidates can earn an extra 50 or 200 CRS points if they have a valid job offer supported by a Labour Market Impact Assessment (LMIA). These additional points have often been crucial in securing an invitation to apply (ITA) for permanent residence. Upcoming Changes: Once the new policy takes effect in spring 2025, candidates with valid job offers will no longer receive these additional CRS points. This adjustment will apply to all candidates in the Express Entry pool, including those currently working in Canada temporarily. However, individuals who have already received an ITA or have submitted their permanent residence applications before the implementation will not be affected. Reasons for the Change: The primary motivation behind this policy shift is to enhance the integrity of the immigration system by reducing fraud and misuse associated with LMIAs. By eliminating the incentive to obtain LMIAs solely for the purpose of gaining extra CRS points, IRCC aims to ensure a fairer and more transparent selection process. Implications for Candidates: Without the advantage of additional points for job offers, candidates will need to focus on other factors to improve their CRS scores, such as: Language Proficiency: Achieving higher scores in English or French language tests can significantly boost CRS points. Education: Obtaining higher educational qualifications or Canadian educational credentials can enhance scores. Work Experience: Accumulating more skilled work experience, particularly within Canada, can contribute to a higher CRS score. Provincial Nominee Programs (PNPs): Securing a provincial nomination can add 600 points to a candidate's CRS score, effectively guaranteeing an ITA. Candidates are encouraged to assess their profiles and consider these factors to remain competitive in the Express Entry pool once the changes are implemented. We will announce an exact date when it is officially presented.