Class Action Targets Canada: Unconstitutional Visa Ties for Workers

Are you considering making Canada your new home? Understanding the complexities of the Canadian job market and immigration policies can be tricky, especially for international job seekers. An important topic to be aware of is the ongoing legal situation concerning temporary foreign workers.

What Is the Current Legal Challenge?

Recently, the Superior Court of Québec permitted a class action to proceed against the Attorney General of Canada. This case, initiated by the Association for the Rights of Household and Farm Workers, argues that “employer-tying measures”—which can include employer-specific work permits that restrict workers to one employer—violate the Canadian Charter of Rights and Freedoms. This Charter guarantees all Canadians certain rights and freedoms, and the Association claims these measures unfairly limit the rights of temporary foreign workers, who are sometimes referred to as migrant workers.

How This Affects Temporary Foreign Workers

For those considering work in Canada, understanding these “employer-tying measures” is crucial. If you hold an employer-specific work permit—often tied to programs like the Temporary Foreign Workers Program (TFWP) or the International Mobility Program (IMP)—you may be directly impacted by this situation. The case seeks to declare certain immigration regulations unconstitutional and may lead to compensation for affected workers.

Who Is Included in the Class Action?

If you worked in Canada after April 17, 1982 and weren’t a Canadian citizen or permanent resident, you may be part of this class action if:

• Your work permit restricted you to a specific employer or workplace.
• You were hired through programs such as the TFWP or the Seasonal Agricultural Worker Program (SAWP).
• You worked without a permit for a foreign entity or as a domestic worker in a personal capacity.

Individuals meeting these criteria are automatically included in the class action and do not need to take any further action, nor will they have to cover legal costs.

What If You Don’t Want to Be Included?

If you prefer not to be part of this class action, you can opt-out by August 27, 2025. Detailed information on how to do this is available through the class action’s notice.

Connecting Work and Immigration Pathways

This legal situation highlights the importance of understanding your rights as a temporary foreign worker and the pathways to Canadian permanent residency (PR). If you’re looking for visa sponsorship, knowing these details can greatly influence your job search and settlement plans.

For those navigating the Canadian immigration system, familiarising yourself with options like the Express Entry program—a popular pathway that selects candidates based on a Comprehensive Ranking System (CRS)—is essential. Also, provincial nominee programs (PNPs) offer various pathways based on the specific needs of different provinces.

What do you think?

Have a question about this topic or your own plans to move to Canada? Scroll down and leave a comment. We’d love to hear from you.

This article was adapted from an external news source for our readers’ benefit. The original version is available here.