IRCC introduces open work permit options for some PNP candidates

Immigration Refugees and Citizenship Canada (IRCC) has instituted a new temporary policy, allowing some prospective Provincial Nominee Program (PNP) candidates to apply for an open work permit (OWP).

This public policy will enable eligible newcomers to obtain an OWP if they have a job offer, a valid work permit, or a work permit that expired on or after May 7th. These individuals must also possess a support letter from the province or territory where they reside (confirming their placement in an Expression of Interest pool or other application inventory process after an initial assessment by the province or territory).

This new temporary policy is effective as of August 11th, 2024, and will remain in place until December 31st, 2024—though IRCC notes that the policy may “be revoked at any time, without prior notice”.

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Who is eligible under this new policy?

Under this new policy, certain PNP candidates may be able to apply for an OWP, if they meet the associated conditions for one of the following scenarios:

Note: The word “regulations” below refers to Canada’s Immigration and Refugee Protection Regulations, which can be found here.

Scenario 1: The foreign national currently holds a valid work permit.

In addition to holding a valid work permit, to be eligible for this policy a foreign national must:

• Have submitted an application for a new work permit under section 200 of the Regulations;
• Have provided with their application:
  • A support letter from the relevant 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 process under the relevant PNP; and
  • A letter of employment from their current employer.

Scenario 2: The foreign national held a valid work permit on May 7, 2024, which has since expired.

In addition to holding a previously valid work permit, to be eligible for this policy a foreign national must:

• Have submitted applications for:
  • A new work permit under section 200 of the Regulations;
  • An extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of their temporary resident status under section 182;
• Have provided with their application:
  • A support letter from the relevant 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 process under the relevant PNP; and
  • A letter of employment from their current employer.

Scenario 3: The foreign national was authorized to work under paragraph 186 (u) of the Regulations on May 7, 2024, and their work permit extension application is pending or approved.

In addition to holding a previously valid work permit and having an application for a new one currently in process; to be eligible for this policy a foreign national must:

• Have submitted applications for:
  • A new work permit under section 200 of the Regulations;
  • An extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations;
• Have provided with their application:
  • A support letter from the relevant 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 process under the relevant PNP; and
  • A letter of employment from their current employer.

Candidates must also meet the associated criteria for the above conditions to be eligible for this policy. To read all the details of eligibility conditions, find IRCC’s webpage here.

Why is IRCC pursuing this policy?

IRCC is aiming to adjust the ratio of temporary residents (those on a work/study permit) to permanent residents in Canada by helping provinces and territories transition eligible temporary residents through their PNPs. Many candidates for these programs are already among Canada’s temporary residents and have used their time in this status to prove their economic potential and build community connections.

The department says it hopes this approach will help retain skilled workers already meeting critical labor market needs in Canada and provide them with a clearer pathway to permanent residency.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm