Temporary Open Work Permit Pathway for Provincial Nominee Program (PNP) Candidates

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateAugust 11, 2024

CategoryTemporary-to-permanent transition

Policy toolPublic policy (irpa s.25.2) / open work permit

Affected groupWork permit holders in provincial/territorial eoi pools

Policy effect

Implemented a new ministerial public policy (replacing the June 26, 2024 measure) enabling foreign nationals residing in Canada who held a valid work permit on May 7, 2024, and have a provincial/territorial support letter confirming their Expression of Interest (EOI) or application inventory placement under a PNP, to apply for an open work permit valid through December 31, 2024.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… transitioning a greater portion of current temporary residents to permanent residency, the department proposes to facilitate access to open work permits to this population via a time-limited public policy. This population will be supported by their province or territory of residence as Provincial Nominee Program candidates, and will be issued letters to this effect by their respective province or territory. Skilled workers already filling critical labour market needs in Canada will be retained and provided a more certain pathway to permanent residence. ## Public Policy Considerations This public policy, pursuant to section 25.2 of the *Immigration and Refugee Protection Act* (the Act), will allow eligible foreign nationals who hold an employment offer, a valid work permit or held a valid work permit which has expired as of May 7th and a support letter from the province or territory they reside in, outlining their placement in an Expression of Interest pool or other application inventory process following an initial assessment of the candidate by the province/territory, to be issued an open work permit. I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Act, exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions set out below. ## Conditions (eligibility requirements) Based on public policy considerations, delegated officers may grant to a foreign national an exemption from the requirements of the Regulations identified below if the foreign national meets the following conditions: 1. The foreign national: 1. Holds a valid work permit; 2. Has submitted an application for a new work permit under section 200 of the Regulations; and 3. Has provided, with the application referred to in (b), 1. A support letter 1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and; 2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and 2. A letter of employment from the foreign national’s current employer; or 2. The foreign national: 1. Held a valid work permit on May 7, 2024 but that permit has since expired; 2. Has submitted an application for 1. a new work permit under section 200 of the Regulations; and 2. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of their temporary resident status under section 182 of the Regulations; and 3. Has provided, with the application referred to in (b), 1. A support letter 1. … Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and; 2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and 4. A letter of employment from the foreign … which an exemption may be granted For foreign nationals who meet the conditions listed in 1 and 3: - Paragraph 200(1)(c) of the Regulations - the eligibility requirements that a foreign national must meet in order to be issued a work permit under existing pathways; For foreign nationals who meet the conditions listed in 2: - The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status; - The requirement in section 182 - for a visitor, worker or student to have complied with any other conditions imposed; - Paragraph 200(1)(c) of the Regulations - the eligibility requirements that a foreign national must meet in order to be issued a work permit under existing pathways; - Paragraph 200(3)(*e*) – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization; ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative eligibility and admissibility requirements not exempted under this, …

Immigration, Refugees and Citizenship CanadaIRCC, "Temporary Public Policy to Facilitate Work Permits for Foreign Nationals in Provincial and Territorial Expression of Interest Pools under the Provincial Nominee Program," August 11, 2024.Open official source

Retrieved from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/pnp-eoi-work-permits-2024.html

Review method

Two separate automated exact-claim source reviews

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Temporary Open Work Permit Pathway for Provincial Nominee Program (PNP) Candidates

Policy effect

Official source excerpt

Review method

Other Canada changes operative in 2024