IRCC launches new open work permit options for eligible Provincial Nominee Program (PNP) candidates.

This regulation allows eligible immigrants to apply for an OWP if they have a job offer that is still pending, a valid work permit that is valid, or a work permit that expires on May 7th or later. A letter of support from the province or territory in which the applicant resides, verifying that they were placed in an Expression of Interest pool or similar application inventory process following the province or territory’s initial assessment, is also required. The purpose of this new IRCC policy is to make it easier for PNP candidates who want to work in Canada to obtain immigration status.

Commencing on August 11th, 2024, this new temporary policy will be in effect until December 31st, 2024. However, according to the IRCC, the policy could be “revoked at any time, without prior notice.”

Eligibility Criteria for IRCC’s New Open Work Permit Policy for PNP Candidates

Certain PNP candidates may qualify for an open work permit (OWP) under the new IRCC policy if they meet the criteria for one of these scenarios:

Scenario 1: The foreign national is authorized to work in the country.

Candidates who have:

To qualify under this policy, applicants must have submitted an application for a new work permit under section 200 of the Regulations. Additionally, they must include with their application:

  • A support letter from the relevant Provincial or Territorial authority, confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the applicable PNP.
  • A letter of employment from their current employer.

Scenario 2: The foreign national’s work permit was valid on May 7, 2024, but is no longer current

To qualify for this policy, foreign nationals must have previously held a valid work permit and:

  • To qualify for this policy, a foreign national must:
  • Have previously held a valid work permit.

Submit the following applications:

  • A new work permit application under Section 200 of the Regulations.
  • An application for an extension or restoration of their temporary resident status under Section 181 or 182 of the Regulations.

Provide the following with their application:

  • A support letter from a designated Provincial or Territorial authority confirming their placement in an Expression of Interest pool or application inventory process.
  • A letter of employment from their current employer.

Scenario 3: The foreign national’s work permit under paragraph 186 (u) of the Regulations is valid as of May 7, 2024, and their application for an extension is currently being processed. 

In addition to possessing a current work permit application and having a previously valid work permit, a foreign national must fulfill the following requirements in order to be eligible for this policy:

Submit the following applications:

  • New Work Permit: Apply for a new work permit under Section 200 of the Regulations.
  • Extension of Temporary Resident Status: Apply to extend your temporary resident status in Canada under Section 181 of the Regulations.

Include the following documents with your applications:

  • Support Letter: Obtain a support letter from the relevant Provincial or Territorial authority that has an agreement with Immigration, Refugees and Citizenship Canada (IRCC). This letter should confirm your placement in an Expression of Interest pool or the authority’s application inventory process under the relevant Provincial Nominee Program (PNP).
  • Employment Letter: Provide a letter of employment from your current employer.

What is the rationale behind IRCC’s current policy? 

The goal of the Canadian IRCC is to rebalance the nation’s population between temporary and permanent residents. They want to accomplish this by supporting the Provincial Nominee Programs (PNPs) of the provinces and territories. Through these programs, qualifying temporary residents who currently have work or study permits in Canada can submit an application for permanent residence.

During their time as temporary residents, many of these individuals, in the opinion of the IRCC, have already proven their economic worth and established solid relationships within their communities. The agency aims to retain skilled workers who are already playing significant roles in Canada’s labor market by assisting them in their transition to permanent status. Additionally, this strategy will give these workers a direct route to permanent residency.