Hong Kong open work permits: graduation window expanded from five to ten years

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

CountryCanada

Operative dateFebruary 8, 2023

CategoryTalent, graduate

Policy toolEligibility

Affected groupEligible hong kong sar passport holders and uk-issued british national (overseas) passport holders born, naturalized or registered in hong kong, and qualifying adult family members

Policy effect

From February 8, 2023, the Hong Kong open-work-permit policy expanded the qualifying graduation window from five to ten years before application and extended the scheme beyond its predecessor’s February 7, 2023 expiry to February 7, 2025. The policy permitted work permits of up to three years for eligible holders of either a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China or a United Kingdom-issued British National (Overseas) passport for a person born, naturalized or registered in Hong Kong, as specified in IRPR paragraphs 190(2)(d) and (e). Qualifying graduation had to occur within ten years before the work-permit application: an eligible Canadian post-secondary degree or foreign equivalent; an eligible diploma from a program of at least two years or a foreign equivalent supported by an equivalency assessment; or an eligible graduate/post-graduate credential from a program of at least one year requiring a previous post-secondary degree or diploma, with a foreign equivalency assessment where required. For the graduate/post-graduate route, that prerequisite degree or diploma had to have been obtained no more than five years before the program began. Eligible family members of a qualifying applicant could apply if at least 18 when applying. Applicants had to request a work permit for no more than three years and apply electronically. Alternative means were allowed for applicants unable to use electronic means under the degree/two-year-diploma route; under the graduate/post-graduate and family routes, the exception required inability because of disability. Qualifying applicants in Canada also needed valid temporary resident status to receive the in-Canada application exemption. The policy exempted specified work-permit requirements, including certain prior unauthorised work or study restrictions, but excluded unauthorised work for an employer described in section 196.1; all other unexempted obligations and admissibility criteria remained. It also applied to undecided applications under the policy signed May 17, 2021, and applications received during the new policy’s validity, subject to earlier revocation.

Conditions and exceptions

Validated condition or limit: From February 8, 2023, the Hong Kong open-work-permit policy expanded the qualifying graduation window from five to ten years before application and extended the scheme beyond its predecessor’s February 7, 2023 expiry to February 7, 2025.; The policy permitted work permits of up to three years for eligible holders of either a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China or a United Kingdom-issued British National (Overseas) passport for a person born, naturalized or registered in Hong Kong, as specified in IRPR paragraphs 190(2)(d) and (e).; Qualifying graduation had to occur within ten years before the work-permit application: an eligible Canadian post-secondary degree or foreign equivalent; an eligible diploma from a program of at least two years or a foreign equivalent supported by an equivalency assessment; or an eligible…

Official source excerpt

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

# Temporary public policy to exempt certain Hong Kong residents from work permit requirements ## Background: Following China’s adoption of a controversial national security law in Hong Kong that came into force on June 30, 2020, Canada committed to taking action and standing up for the people of Hong Kong. Aligned with a whole-of-government approach, this measure aims to attract educated Hong Kong youth to Canada, where it is expected that their human capital and international experience will contribute to Canada’s economic, social, and cultural fabric. At the same time, Canada’s response demonstrates its solidarity with other like-minded allies, and its robust support for, and defence of, democratic values. Therefore, I hereby establish, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. Accordingly, this public policy will allow for the issuance of open work permits to eligible residents of Hong Kong, whether they are in Canada or abroad, for a period of up to three years. Eligible family members may also be issued an open work permit. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified if: 1. The foreign national: 1. is described at paragraphs 190(2)(d) or (e) of the *Immigration and Refugee Protection Regulations*; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. in the ten years preceding the submission of the work permit application in (ii), has graduated with: 1. a degree from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations,* or a foreign diploma, certificate or credential that is equivalent to a Canadian post-secondary degree; or, 2. a diploma from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations* for completion of a program that is at least two years in length, or a foreign diploma, certificate or credential, along with an equivalency assessment as defined in subsection 73(1) of the *Immigration and Refugee Protection … that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian post-secondary diploma for a program that is at least two years in length; 2. The foreign national: 1. is described at paragraphs 190(2)(d) or (e) of the *Immigration and Refugee Protection Regulations*; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. in the ten years preceding the submission of the work permit application in (ii), has graduated with: 1. a graduate or post-graduate diploma, certificate or credential from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations* for completion of a program that: 1. is at least one year in length, and 2. requires the completion of a post-secondary degree or diploma, as a pre-requisite for acceptance in the program, or 2. a foreign diploma, certificate or credential from a program that requires completion of a post-secondary degree or diploma as a pre-requisite for acceptance in the program, along with an equivalency assessment as defined in subsection 73(1) of the *Immigration and Refugee Protection Regulations* that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian graduate or post-graduate diploma, certificate or credential for a program that is at least one year in length, and 5. obtained a post-secondary degree or diploma no more than five years before the commencement of the graduate or post-graduate program referred to in (iv.); 3. The foreign national: 1. is a family member - per the definition in subsection 1(3) of the *Immigration and Refugee Protection Regulations* - of a foreign national who has applied and has been found to meet the conditions listed in 1 or 2; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. is 18 years of age or older at the time the work permit application in (ii) is submitted; 4. The foreign national: 1. meets the conditions listed in …

Immigration, Refugees and Citizenship Canada; Department of Justice CanadaHong Kong open-work-permit public policies signed May17,2021 and January25,2023; IRPRsection190 historicalversion in force2019-06-17through2023-11-23Open official source

Retrieved from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/hong-kong-residents-open-work-permit-2023.html

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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Hong Kong open work permits: graduation window expanded from five to ten years

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other Canada changes operative in 2023