Immigration, Refugees, and Citizenship Canada (IRCC) has introduced a new temporary policy allowing certain Provincial Nominee Program (PNP) candidates to apply for an open work permit (OWP).
Under this policy, eligible newcomers can obtain an OWP if they have a job offer, a valid work permit, or a work permit that expired on or after May 7th. Additionally, they must provide a support letter from the province or territory where they live, confirming their placement in an Expression of Interest pool or other application inventory process following an initial provincial or territorial assessment.
This temporary policy is effective from August 11th, 2024, to December 31st, 2024, although IRCC notes that it may be revoked at any time without prior notice.
Who is Eligible Under This New Policy?
This new policy allows certain Provincial Nominee Program (PNP) candidates to apply for an open work permit (OWP) if they meet the following conditions in one of the scenarios outlined below:
(Note: “Regulations” refers to Canada’s Immigration and Refugee Protection Regulations, accessible here.)
Scenario 1: The foreign national currently holds a valid work permit.
To qualify under this scenario, the foreign national must:
- Have submitted an application for a new work permit under section 200 of the Regulations;
- Provide with their application:
- A support letter from the relevant Provincial or Territorial authority that has an agreement with IRCC, confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP;
- 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.
To qualify under this scenario, the 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 for restoration of their temporary resident status under section 182;
- Provide with their application:
- A support letter from the relevant Provincial or Territorial authority that has an agreement with IRCC, confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP;
- 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.
To qualify under this scenario, the 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;
- Provide with their application:
- A support letter from the relevant Provincial or Territorial authority that has an agreement with IRCC, confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP;
- A letter of employment from their current employer.
Candidates must also meet all associated criteria for the conditions mentioned above. For complete details on eligibility, visit IRCC’s webpage here.
Why is IRCC Implementing This Policy?
IRCC aims to balance the ratio of temporary residents (such as those on work or study permits) to permanent residents in Canada. By facilitating the transition of eligible temporary residents through the PNPs, the policy seeks to retain skilled workers who have already demonstrated their economic potential and established community connections in Canada.
The department hopes this approach will support the retention of workers meeting critical labor market needs and provide them with a clearer pathway to permanent residency.
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