Immigration, Refugees, and Citizenship Canada (IRCC) has implemented a new interim policy that allows some potential Provincial Nominee Program (PNP) candidates to apply for an open work permit (OWP).
This governmental policy allows qualified immigrants to receive an OWP if they have a job offer, a valid work permit, or a work permit that expired on or after May 7th. These persons must additionally have a support letter from the province or territory where they live (confirming their inclusion in an Expression of Interest pool or other application inventory procedure following an initial evaluation by the province or territory).
This new temporary policy is effective August 11th, 2024, and will stay in force until December 31st, 2024—though IRCC adds that the regulation may “be revoked at any time, without prior notice”.
Who is eligible under this new policy?
According to this new policy, some PNP applicants may be able to apply for an OWP if they satisfy the qualifications for one of the following scenarios:
Note: The term “regulations” refers to Canada’s Immigration and Refugee Protection Regulations.
Scenario 1: The foreign person currently has a valid work permit.
To be eligible under this policy, a foreign national must also have a valid work permit.
- Have applied for a new work permit under section 200 of the Regulations.
•Have provided their application:
1) A support letter from the applicable Provincial or Territorial authority that has signed an agreement with IRCC, verifying their participation in an Expression of Interest pool or the authority’s application inventory procedure under the relevant PNP; and
2) A letter of employment from their present workplace.
Scenario 2: The foreign individual had a valid work permit on May 7, 2024, but it has since expired.
To be eligible under this program, a foreign national must also have a prior valid work permit.
- Have submitted applications for:
1) A new work permit under section 200 of the Regulations.
2) An extension of their authority to remain in Canada as a temporary resident under section 181 of the Regulations, or the reinstatement of their temporary resident status under section 182.
- Have provided their application:
1) A letter of support from the applicable provincial or territorial authority that has signed an agreement with IRCC, confirming their placement in an Expression of Interest pool or the authority’s application inventory procedure under the relevant PNP; and
2) A letter of employment from their present workplace.
Scenario 3: On May 7, 2024, the foreign national was permitted to work under paragraph 186(u) of the Regulations, and their work permit extension application is either pending or granted.
To be eligible under this policy, a foreign person must have a previously valid work permit and be in the process of applying for a new one.
- Have filed applications for:
1) A new work permit under section 200 of the Regulations.
2) An extension of their authorization to stay in Canada as a temporary resident under section 181 of the regulations;
- Have provided their application:
1) A letter of support from the applicable provincial or territorial authority that has signed an agreement with IRCC, confirming their placement in an Expression of Interest pool or the authority’s application inventory procedure under the relevant PNP; and
2) A letter of employment from their present workplace.
Why is the IRCC following this policy?
IRCC aims to balance the ratio of temporary residents (those on work/study permits) to permanent residents in Canada by assisting provinces and territories in transitioning qualified temporary residents via respective PNPs. Many of the candidates for these programs are already temporary residents in Canada, having utilized their time there to demonstrate their economic potential and create community relationships.
The department thinks that new strategy will assist to retain talented people who are currently meeting important labour market demands in Canada and give a clearer path to permanent citizenship.
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