New IRCC Public Policy: Open Work Permits for Provincial Nominee Program Candidates​

Canada’s Immigration Department is taking steps to enhance the transition of temporary residents to permanent residents through Provincial Nominee Programs (PNPs) through this open work permit policy. This initiative aims to address the imbalance between temporary and permanent residents in the country. The public policy is effective immediately upon signing and applies to applications received thereafter, which expires on December 31, 2024, though it may be revoked at any time without prior notice. It highlights Canada’s commitment to retaining skilled workers and facilitating provincial needs while addressing labor market. This grants open work permits to eligible foreign nationals who meet specific criteria:

Eligibility Criteria:

• Employment Offer or Work Permit: Applicants must hold a current employment offer, possess a valid work permit, or have had a work permit that expired on or after May 7th.

• Provincial Support: Candidates need a support letter from their province or territory, indicating their placement in an Expression of Interest pool or similar application inventory process following an initial assessment.

Policy Highlights:

• Open Work Permits: These permits allow foreign nationals to work for any employer across Canada, providing greater flexibility and mobility in the job market.

• Exemptions from Regulations: The policy includes exemptions from certain regulatory requirements, making it easier for eligible candidates to obtain these permit.

Eligibility Requirements:

For Foreign Nationals with a Valid Work Permit:

• Must hold a valid work permit.

• Have applied for a new work permit under section 200 of the Regulations.

• Provide a support letter from the provincial or territorial authority, confirming their placement in an Expression of Interest pool or application inventory process under the PNP.

• Submit a letter of employment from their current employer.

For Foreign Nationals with an Expired Work Permit (as of May 7, 2024):

• Must have held a valid work permit on May 7, 2024, which has since expired.

• Have applied for both a new work permit and an extension or restoration of their temporary resident status.

• Provide the same documentation as above, including a support letter and employment letter.

 For Foreign Nationals Authorized to Work Under Paragraph 186 (u):

‘Para 186 (u) of IRPR – Anyone who’s work application/extension is still pending under 201 (1), and they have remained in Canada abiding the conditions of their expired work permit.’  

• Must have been authorized to work on May 7, 2024, with a pending or approved work permit extension application.

• Meet similar application and documentation requirements as other categories.

Exemptions and Conditions:

The policy grants exemptions from certain regulatory requirements, such as:

• Eligibility requirements in Paragraph 200(1)(c) for issuing work permits.

• Restoration application requirements within 90 days after losing temporary resident status.

• Conditions related to unauthorized work or study in Canada.

Impact of the New IRCC Public Policy on Canada and Temporary Skilled Workers

1. For Canada

This policy enables to fill persistent labor shortages in areas the provinces lack skilled workers, while ensuring skilled workers remain employed while awaiting their (Provincial Nominee Program). It strengthens provincial programs by coordinating provincial and territorial government to streamline talent acquisition and ensures nominees align with local labor market needs. Allowing eligible workers to continue contributing supports business operations especially in sectors heavily reliant on temporary foreign workers. 

2. For Temporary Skilled Workers

Workers who might otherwise face gaps in employment due to work permit expirations or administrative delays can maintain their livelihoods. Eligible candidates benefit from exemptions to specific regulatory requirements, such as restoration deadlines and restrictions on unauthorized work. This reduces stress and administrative burdens on workers trying to comply with the rules. The policy supports individuals in their PNP process, a key pathway to permanent residency. It ensures they can stay and work in Canada while awaiting decisions, increasing chances of success.

Prepared by Nabil Ahsan (Barrister & Solicitor), Tashinur Rahman