Canada has introduced a temporary public policy targeting certain Provincial Nominee Program (PNP) candidates. Under this new policy, qualified individuals will receive open work permits, allowing them to contribute to the Canadian economy while on their journey toward permanent residency.
Who is eligible for the New Open Work Permit Policy for PNP Candidates?
There are three main categories of foreign nationals who may be eligible for this open work permit:
- Current Work Permit Holders
- Recent Work Permit Holders
- Those Working Under Specific Regulations
Let’s break down each category:
Category 1: Work Permit Holders (Expiring Soon)
You may be eligible if you:
- Hold a valid work permit (expiring on or before December 31, 2024)
- Have submitted an application for a new work permit under section 200 of the Immigration and Refugee Protection Regulations
Category 2: Work Permit Already Expired
You may be eligible if you:
- Held a valid work permit on May 7, 2024, but it has since expired
- Have submitted applications for:
- A new work permit under section 200 of the Regulations
- An extension of your authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of your temporary resident status under section 182 of the Regulations
Category 3: Working Under Specific Regulations
You may be eligible if you:
- Were authorized to work pursuant to paragraph 186(u) of the Regulations on May 7, 2024, and your work permit extension application is still pending or was approved
- Have submitted applications for:
- A new work permit under section 200 of the Regulations
- An extension of your authorization to remain in Canada as a temporary resident under section 181 of the Regulations
Additional Documents: Support Letter and Letter of Employment
These are some crucial documents that you must submit to obtain the open work permit under this new work permit policy for PNP candidates:
1. Support Letter
This is a critical document that must be provided with your application. The support letter must:
- Be issued by the Provincial or Territorial authority of the jurisdiction in which you reside. For example, if you are currently living in British Columbia, you will get this Support Letter from the British Columbia government which also manages the British Columbia Provincial Nominee Program (BC PNP).
- Come from an authority that has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy.
- Outline that you have been screened by the said Provincial or Territorial authority.
- Confirm that you have been placed in an Expression of Interest pool, or are in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program.
2. Letter of Employment (Job Offer Letter)
In addition to the support letter, you must also provide a letter of employment from your current employer. This letter serves as proof of your current employment status in Canada.
Not Sure If You’re Eligible for Open Work Permit?
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How to Apply for New Open Work Permit Extension for PNP Candidates?
Step 1: Prepare Your Documents
- Gather your support letter from the Provincial or Territorial authority
- Obtain a letter of employment from your current employer
- Prepare any other documents required for a work permit application under section 200 of the Regulations
Step 2: Submit Your Application:
- Apply for a new work permit under section 200 of the Immigration and Refugee Protection Regulations
- Include your support letter and letter of employment with this application
Additional Steps for Expired Permit Holders
If your work permit has expired, you’ll also need to apply for an extension of your authorization to remain in Canada (under section 181) or for restoration of your temporary resident status (under section 182)
Who Can Benefit from This New Work Permit Policy?
This new public policy is designed to help a wide range of foreign nationals, including:
- International Students with Expired Post-Graduate Work Permits (PGWPs): If you’re an international student who has already used your one-time PGWP and it has now expired, this policy could provide you with a new opportunity to work in Canada. This policy acts as a PGWP Extension for these students.
- Temporary Skilled Workers Facing Work Permit Expiration: If you’re a temporary skilled worker whose work permit is about to expire, and your employer is unwilling or unable to obtain a Labour Market Impact Assessment (LMIA), this policy could help you maintain your ability to work in Canada.
- Provincial Nominee Program (PNP) Candidates: If you’re in the process of obtaining permanent residency through a Provincial Nominee Program, this policy could help you maintain or obtain work authorization during the application process.
Important Regulatory Exemptions
This public policy may grant exemptions from certain regulatory requirements:
For Category 1 and Category 3
Exemption from paragraph 200(1)(c) of the Regulations – the eligibility requirements for a work permit under existing pathways
- Under this public policy, eligible foreign nationals may be exempted from these requirements of 200(1)(c). This means:
- You may be eligible for a work permit even if you don’t fall into the specific categories described in sections 204, 205, 206, 207, 207.1, or 208.
- You may not need to prove that your work will create significant benefits for Canada or that it’s part of a specific academic or training program.
- You may be eligible even without a current job offer or a positive Labour Market Impact Assessment (LMIA).
- The usual restrictions on who can apply for a work permit while in Canada may not apply to you.
This exemption significantly broadens the eligibility for work permits, making it easier for foreign nationals who are in the process of obtaining permanent residency through Provincial Nominee Programs to continue working in Canada.
For Category 2 (Expired Work Permit Holders)
For those whose work permits have expired, there are additional exemptions:
- Exemption from the 90-day limit to apply for restoration after losing temporary resident status (section 182).
- Exemption from the requirement to have complied with previous conditions (section 182).
- Exemption from paragraph 200(3)(e) – the prohibition on issuing a work permit to those who have engaged in unauthorized work or study, or failed to comply with previous permit conditions.
Key Benefits of New Open Work Permit for PNP Candidates
This new public policy offers several significant advantages for foreign nationals in the Provincial Nominee Program (PNP) process. Understanding these benefits can help you appreciate the value of this opportunity:
- Flexibility: Unlike employer-specific work permits, this open work permit allows you to work for any employer in Canada. This means you’re not tied to a single job or company.
- Job Opportunities: You can apply for jobs across various sectors and locations in Canada.
- No LMIA Requirement: Employers won’t need to go through the Labour Market Impact Assessment (LMIA) process to hire you, removing a significant barrier to employment.
- Pathway to Permanent Residency: It allows you to maintain legal status in Canada while your PNP application is in process. Continued work in Canada can strengthen your permanent residency application.
- Economic Benefits: This policy helps Canada retain skilled immigrants who are already in the country and contributing to the economy.
- Reduced Stress and Uncertainty: You don’t have to worry about work permit expiry while waiting for PNP processing. The ability to work continuously provides better financial security during the immigration process. Knowing you have the right to work in Canada can reduce anxiety about your immigration status.
Important Dates and Deadlines
- This policy is effective from the date it was signed (exact date not specified in the document)
- It applies to applications received on or after the effective date, as well as pending applications under the previous policy signed on June 26, 2024
- The policy is set to expire on December 31, 2024, but may be revoked earlier without notice
Take Professional Help from Licensed Experts
This new policy aims to facilitate work permits for foreign nationals who are in the process of obtaining permanent residency through Provincial Nominee Programs. It’s an excellent opportunity for those who meet the eligibility requirements. Remember, while this policy exempts you from certain requirements, you’re still subject to other legislative eligibility and admissibility criteria. Always ensure you’re up-to-date with the latest immigration policies and consult with an immigration professional if you have any doubts.
At Elaar Immigration, we are committed to helping our clients navigate the complexities of immigration policies. If you have any questions about how this new policy may impact your status, Please feel free to contact us for a consultation.
