New Open Work Permit Policy for Hong Kong Residents in Canada

Starting May 27, 2024, a new policy will be implemented that allows open work permits for certain Hong Kong residents in Canada. This policy applies to those who have applied for permanent residence under two specific streams of the temporary public policy.

Written & reviewed by Keshav Sharma, RCIC #R530203, Founder, ELAAR Immigration Consulting Inc.Last reviewed: May 20244 min read

• The first stream, known as Stream A, is designed for Canadian graduates.
• The second stream, Stream B, is for those with Canadian work experience.
• Applicants must have held a work or study permit for three years before applying for permanent residence.

This new public policy is a significant step forward for Hong Kong residents seeking to extend their stay in Canada. It will remain in effect for five years, allowing applicants to extend their temporary status in Canada while their permanent residence application is being processed.

This move is expected to benefit many Hong Kong residents in Canada, providing them with more flexibility and security while they await the outcome of their permanent residence applications. Stay tuned for more updates on this developing story.

The new public policy allows applicants to extend their temporary status in Canada for up to 5 years while their permanent residence application is being processed.

What are two pathways for permanent residence for Hong Kong residents?

In response to the national security law imposed by China on Hong Kong on June 30, 2020, the Government of Canada has introduced new immigration pathways for Hong Kong residents. The law, which criminalizes “secession, subversion, terrorism and collusion with foreign forces,” has raised concerns about the potential for discriminatory or arbitrary interpretation and enforcement and the undermining of rights and freedoms.

Canada, which shares longstanding ties with the people of Hong Kong, has expressed concern about the deteriorating human rights situation in the region. As part of its Indo-Pacific Strategy, Canada has implemented a number of measures to assist Hong Kong residents in immigrating to Canada.

The temporary public policy creates two pathways to permanent residence:

• Stream A: For those who have graduated from a post-secondary designated learning institution in Canada within the immediate three years preceding the date when the application is received.
• Stream B: For those who have completed at least one year of full-time work experience in Canada within the same period.

By providing these new pathways to permanent residence, the Government of Canada aims to encourage recent graduates and those with work experience in Canada to choose Canada as a place to study, work, and settle. This policy will facilitate the granting of permanent residence to eligible Hong Kong residents currently residing in Canada, along with their family members.

Maintaining Legal Status in Canada

Individuals with temporary status in Canada or their guardians are responsible for renewing their status as needed. If a foreign national applies to extend their work or study permit in Canada before their current permit expires, they will continue to have legal status until a decision is taken on their extension application. This is known as “maintained status”.

Restoration of Temporary Status and Open Work Permit Eligibility

As per public policy, if an applicant’s temporary status expires within the last 90 days before they apply for a new open work permit, they can restore their status and apply for the permit simultaneously. However, if their temporary status expires more than 90 days before applying for the new open work permit, their application will not be approved.

If you are a Hong Kong resident looking to navigate the new Open Work Permit policy in Canada, and you need guidance or have queries about your immigration application or status, we are here to assist.

Our team of seasoned immigration consultants is ready to provide you with the necessary support and guidance during this pivotal time. We understand the complexities and uncertainties that these policy changes may bring, and we are dedicated to helping you navigate through the process. Contact our experts today and let us assist you with your immigration journey.