IRCC Introduces Open Work Permit Policy in Canada for Some PNP Candidates

IRCC has introduced an open work permit for specific PNP candidates who possess job offers, allowing them to apply for an Open Work Permit in Canada.

The IRCC has implemented a temporary policy enabling eligible immigrants with pending job offers or valid work permits to submit an application for an Open Work Permit (OWP). This policy also seeks to simplify the immigration process for candidates of the Provincial Nominee Program (PNP) who are looking to work in Canada.

Applicants must possess a pending job offer, a valid work permit, or a work permit that expires on or after May 7th to qualify. Furthermore, a letter of support from their province or territory is required to confirm their involvement in the province’s immigration application process.

This policy will be in effect from August 11th, 2024, through December 31st, 2024. Nonetheless, IRCC maintains the authority to terminate it at any moment without prior notification.

What is an Open Work Permit?

An Open Work Permit is a type of work authorization that allows individuals to work for any employer in a specific country, without being tied to a particular job or employer. This flexibility enables the permit holder to seek employment opportunities that best suit their skills and interests.

Individuals from other countries seeking employment in Canada must hold a valid Canadian work permit. An open work permit is a specific category of work permit that enables professionals to be employed by any employer in Canada.

Nevertheless, these work permits might still include limitations that restrict the worker to a specific job or geographic area. These permits are referred to as “open restricted” work permits.

The Open Work Permit Canada (OWP) holds significant value for foreign workers in Canada, as it enables them to seek employment with any employer in the country without needing a job offer. This allows them to search for and apply for jobs without restriction, enabling them to switch between positions and employers at their discretion.

Who qualifies for the new Open Work Permit policy?

According to the existing IRCC policy, certain PNP candidates might be eligible for an open work permit (OWP) if they meet the following criteria:

Scenario 1: the foreign national is currently authorized to work in Canada.

To be eligible under this policy, applicants are required to have submitted a work permit application in compliance with section 200 of the Regulations. Applicants are also required to submit the following:

A letter of support from the relevant Provincial or Territorial authority confirming their inclusion in an Expression of Interest pool or in the application inventory process of the authority as per the applicable PNP guidelines.

A letter offering a job from their current employer.

Scenario 2: The work permit of the foreign national expired after May 7, 2024.

In order to meet the qualifications for this scenario, the foreign national must:

• Must-Have Previously Held a Valid Work Permit: They should have had a valid work permit in the past.
• Submit the necessary applications: The applicant is required to submit:
  • Application for a New Work Permit: A request for a new work permit in accordance with Section 200 of the Regulations.
  • Application for Temporary Resident Status: A request for an extension or restoration of temporary resident status in accordance with Section 181 or 182 of the Regulations.
• Submit Supporting Documents: In addition to the applications, the applicant is required to provide:
  • Support Letter from Provincial/Territorial Authority: A letter from the appropriate provincial or territorial authority confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP.
  • Letter of Employment: A document from their current employer confirming their employment status.

Scenario 3: The work permit for the foreign national, issued under paragraph 186(u) of the Regulations, became valid on May 7, 2024, and they currently have an application for an extension in progress.

To meet the requirements in this situation, the foreign national must:

• Meet General Criteria: Alongside possessing a current work permit application and a previously valid work permit, they must satisfy the following requirements.
• Submit the necessary applications: The applicant is required to submit:
  • Application for a New Work Permit: A request for a new work permit in accordance with Section 200 of the Regulations.
  • Application for Temporary Resident Status: A request for an extension of temporary resident status in Canada as per Section 181 of the Regulations.
• Submit Supporting Documents: In addition to the applications, the applicant is required to provide:
  • Support Letter from Provincial/Territorial Authority: A letter from the appropriate provincial or territorial authority that holds an agreement with IRCC. They are also confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the applicable PNP.
  • Letter of Employment: A document from their current employer confirming their employment status.

The Open Work Permit Policy by IRCC – A Strategic Initiative for Economic Growth

The Canadian IRCC seeks to achieve a balance in the nation’s population by enhancing the Provincial Nominee Programs (PNPs) of various provinces and territories, focusing on both temporary and permanent residents. These programs allow eligible temporary residents—those who currently hold work or study permits in Canada—to apply for permanent residency.

Furthermore, the IRCC holds the view that numerous temporary residents have already shown their economic contributions and built solid connections within their communities. The agency aims to retain skilled workers who are actively contributing to Canada’s labour market by supporting their transition to permanent status. This method offers these individuals a clear route to permanent residency.

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