New open work permit possibilities have been established by Immigration, Refugees and Citizenship Canada (IRCC) in a significant advance for candidates in the Provincial Nominee Program (PNP).
This move aims to provide greater flexibility and security to certain PNP candidates, ensuring they can continue to work in Canada while their permanent residence applications are processed.
Effective August 11th, 2024, and lasting until December 31st, 2024, is this new interim policy; however, the IRCC warns that it may be “revoked at any time, without prior notice.”
This policy shift underscores Canada’s commitment to attracting and retaining skilled workers, particularly those who have already demonstrated their value to provincial and territorial economies through the PNP.
IRCC Introduces Open Work Permit Options for Some PNP Candidates
In a strategic move to recalibrate the temporary resident to permanent resident ratio in Canada, Immigration, Refugees, and Citizenship Canada (IRCC) has introduced new open work permit options for certain Provincial Nominee Program (PNP) candidates.
This policy aligns with the department’s focus on supporting provinces and territories in transitioning eligible temporary residents through their PNPs. Among the existing temporary residents in Canada, there is a wealth of strong PNP candidates who have had the opportunity to demonstrate their economic potential and develop community roots.
Under a new public policy, pursuant to section 25.2 of the Immigration and Refugee Protection Act, eligible foreign nationals holding an employment offer, a valid work permit (or one that expired as of May 7th), and a support letter from the province or territory in which they reside, outlining their placement in an Expression of Interest pool or similar application inventory process, can now be issued an open work permit.
This policy is a clear indication of Canada’s commitment to retaining skilled workers who have already proven their ability to contribute to the Canadian economy.
Eligibility Criteria for the New Open Work Permit
The new open work permit options are available to certain PNP candidates who meet specific eligibility criteria. The eligibility criteria for the new open work permit introduced by IRCC are structured around three specific scenarios, each addressing different statuses of work permits held by foreign nationals.
These criteria ensure that only those who meet specific conditions can benefit from the policy, thereby maintaining the integrity and objectives of the Provincial Nominee Program (PNP) and Canada’s border immigration framework.
Scenario 1: Foreign Nationals with a Current Valid Work Permit
For foreign nationals who currently hold a valid work permit, the policy outlines several requirements that must be fulfilled to qualify for the open work permit. Firstly, the individual must have already applied for a new work permit under section 200 of the Immigration and Refugee Protection Regulations (IRPR). This application should be supported by a set of essential documents that demonstrate the candidate’s ongoing relationship with both their employer and the provincial or territorial government.
Key to this scenario is the requirement for a support letter issued by the provincial or territorial authority that has an agreement with IRCC. This letter must confirm that the foreign national is placed within an Expression of Interest pool or is part of an application inventory process under the relevant PNP. Additionally, the foreign national must provide a letter of employment from their current employer, which reaffirms their continued employment in Canada. These documents collectively support the foreign national’s eligibility by showing both their intent to remain employed and the province’s or territory’s interest in retaining them as part of their economic strategy.
Scenario 2: Foreign Nationals with an Expired Work Permit (Expired on or after May 7, 2024)
For foreign nationals whose work permits expired on or after May 7, 2024, the policy provides a pathway to regain their work status through specific application processes. These individuals must have taken proactive steps to maintain or restore their status in Canada by submitting several applications. Firstly, they must apply for a new work permit under section 200 of the IRPR, just as in Scenario 1. However, given their expired status, they must also submit applications either to extend their authorization to remain in Canada as a temporary resident under section 181 of the IRPR or to restore their temporary resident status under section 182 of the IRPR.
In addition to these applications, the foreign national must include a support letter from the relevant provincial or territorial authority, which confirms their placement in an Expression of Interest pool or an application inventory process. Furthermore, they must provide a letter of employment from their most recent employer. This scenario acknowledges the gap in work permit validity but offers a means for foreign nationals to restore their work status while awaiting the outcome of their permanent residence applications.
Scenario 3: Foreign Nationals Working Under Implied Status (As of May 7, 2024)
The third scenario applies to foreign nationals who were authorized to work under implied status (under paragraph 186(u) of the IRPR) as of May 7, 2024, due to a pending or approved application for a work permit extension. These individuals are in a transitional phase where their previous work permit has expired, but they are still legally allowed to work while their application for a new permit is processed.
To be eligible under this scenario, the foreign national must have already applied for a new work permit under section 200 of the IRPR. Additionally, they must have submitted an application to extend their authorization to remain in Canada as a temporary resident under section 181 of the IRPR. As with the other scenarios, the application must be supported by a letter from the provincial or territorial authority that confirms the candidate’s placement in an Expression of Interest pool or relevant application inventory process. An employment letter from their current employer is also required to substantiate their ongoing engagement in the Canadian workforce.
Provisions of the Regulations for which an exemption may be granted
For foreign nationals who meet the specified conditions under this policy, certain exemptions from the Immigration and Refugee Protection Regulations may be granted.
For those meeting the conditions listed in scenarios 1 and 3, an exemption may be provided from paragraph 200(1)(c), which outlines the eligibility requirements for obtaining a work permit under existing pathways.
For individuals meeting the conditions in scenario 2, exemptions may include the requirement in section 182 to apply for restoration of status within 90 days after losing temporary resident status, compliance with any imposed conditions, as well as the restrictions under paragraph 200(3)(e) that typically prevent the issuance of a work permit to those who have engaged in unauthorized work or study, or who have not complied with the conditions of a previous permit or authorization.
As Canada continues to evolve its immigration policies to meet the needs of its labor market and economy, the introduction of open work permits for PNP candidates is a clear indication of the country’s commitment to supporting skilled workers and their families as they transition to permanent residence.
