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Temporary foreign workers in Canada : what are the solutions to overcome the crisis ?

many French currently in Canada with a temporary work permit, and worry for their future. For the Express, one lawyer made the point. In this period of uncerta

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Temporary foreign workers in Canada : what are the solutions to overcome the crisis ?

many French currently in Canada with a temporary work permit, and worry for their future. For the Express, one lawyer made the point.

In this period of uncertainty related to the crisis of the Covid-19, the French living in Canada under temporary status - in particular, the PVTistes at the end of a permit or holders of a work visa of limited duration - are even more hectic. On social networks, messages of concern are growing ; a petition titled "Reinstate IRCC for visas, work permits" and calling for more flexibility for temporary workers, has gathered almost 5000 signatures in a month.

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In a text published at the beginning of April in two daily newspapers of montreal, the president of the quebec Association of lawyers and lawyers in immigration law (québec immigration lawyers association) urged also Justin Trudeau to extend in an automatic way the status of students and foreign workers for the next three months, in order to "do not add an additional burden on these students and temporary workers".

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"people call us, panicked, and there was a lot of confusion in their head", confirms to Me, Francis Tourigny, lawyer and partner at the law firm Exeo - it has also put in place a system of appointment online for free advice to immigrants. Even if, for the moment, no automatic extension of the temporary visas is not expected, solutions do exist (see the detail on a case-by-case basis below) to be able to stay legally on the territory of canada by the time the situation settles. All these steps can also be done online (since the closure of the borders between Canada and the United States, to do the "round the pole" is strongly discouraged).

applications continue to be processed

"there has been no great measure concerning the temporary visas - the government is not there yet - but this is not impossible, because there are all the days of news announcements", emphasizes the expert, that being said, despite the context, "very confident" for the future of the candidates for expatriation in Canada.

"Canada remains a country of immigration and even if the unemployment rate increases, employers will still need foreign workers in many sectors, writes the lawyer. Following the decision of Donald Trump to suspend for 60 days the immigration to the united States, the Trudeau government did pass a clear message : in Canada, there is no question of that." The authorities have also ensured that requests for permanent visa will continue to be processed, just as records of temporary residence - those related to key sectors (health, agriculture, food supply, etc), however, are examined in priority.

answers to your questions

- What do I do if my temporary work permit is going to expire soon ?

You can do, online, a request for an extension of your permit. "Even if your application is not complete because you have not been able to recover 100% of the documents, deposit the same, advises Francis Tourigny. This application will allow you to go under implied status and can stay on the territory legally the time that the authorities decide on your folder."

Beware, however : the implicit status does not change employer. Also note that it is necessary to stay on canadian soil for that this status remains valid.

- What to do if my licence EIC (PVT, Young Professional, Internship, co-op) is going to expire soon ?

The work permit EIC can only be extended in very specific situations. If you do not enter these categories, you may submit a request for a stay as a visitor (this visa allows the French to stay 6 months in Canada). This request must be made before the expiry of your work permit. The time that your application is processed, you will be on implied status and you may continue to work if your work permit is still valid. "Some employers are not comfortable with the implied status because they have never heard of, and that recognizes Francis Tourigny. You need to be able to explain that it allows you to work legally."

- What to do if I have a work permit closed and I lost my job because of the crisis?

By definition, the work permit is closed do you not allow, a priori, to work for another employer than the one on your visa. However, in the categories of Young professionals and international co-op Internship, you may change employer provided they have "a valid reason", says the website of the ministry of canadian immigration (IRCC), which states that "the closure of the company for which you work is an example of a valid reason".

For other types of work permit closed arriving soon to expire, you can make an application for a stay as a visitor to stay on the canadian territory.

- If I have a driver EIC and that I lost my job because of the crisis, and then I benefit from the canadian emergency (PKU) ?

according To the official website of the ministry, "any participant of the EIC who has stopped working because of the COVID 19 is able to obtain temporary income support in respect of the PCU, provided that rrespond to the eligibility criteria."

Read our complete file

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- What do I do if my temporary work permit has already expired ?

You may request, within 90 days after the expiration of your permit, a restoration of your status. "But you do not have the right to work as long as your application has not been approved," warns Francis Tourigny. To obtain this restoration of status, you will need to include "document in detail the reasons why you have not been able to comply with the requirements of the permit," mentions the website of the ministry, which reminds us that "there is no guarantee that your application is accepted". Also note that the process requires "reinstatement fee".

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