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Ottawa Introduced Temporary Open Work Permit Policy for PNP Candidates

Austin Campbell

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Temporary Open Work Permit Policy

Immigration, Refugees, and Citizenship Canada (IRCC) has announced a new temporary policy aimed at supporting candidates in the Provincial Nominee Program (PNP). From August 11 to December 31, 2024, certain PNP candidates will be eligible to apply for an Open Work Permit (OWP), providing them with greater flexibility in their employment options as they transition to permanent residency in Canada.

Key Details of the Policy

This temporary public policy allows PNP candidates to apply for an Open Work Permit if they meet specific conditions, such as holding a job offer or a valid work permit. The initiative is designed to assist skilled workers in maintaining their legal work status while they await the processing of their permanent residency applications. It applies to both Canadian and international PNP candidates who have demonstrated their potential to contribute to Canada’s economy.

To be eligible, candidates must provide a support letter from their province or territory, confirming their placement in an Expression of Interest (EOI) pool or a related application inventory process. This letter acts as proof that they are being considered for permanent selection under their respective PNP.

The policy aims to retain skilled workers who are already contributing to the Canadian economy and facilitate their transition to permanent residency by granting them the ability to work while their immigration applications are being processed.

Eligibility Scenarios for the Temporary Open Work Permit

The IRCC has outlined three main scenarios under which PNP candidates may apply for an Open Work Permit under this new policy:

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Scenario 1: Candidates with a Valid Work Permit

Must hold a valid work permit.

Must have submitted a new work permit application under section 200 of the Immigration and Refugee Protection Regulations.

Must provide a support letter from their province/territory confirming their placement in an EOI pool or application inventory.

Must provide a letter of employment from their current employer.

Scenario 2: Candidates with an Expired Work Permit (Expired After May 7, 2024)

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

Must have applied for a new work permit and an extension or restoration of their temporary resident status under the appropriate sections of the Regulations.

Must provide a support letter and a letter of employment from their current employer.

Scenario 3: Candidates Awaiting a Work Permit Extension (Authorized Under Paragraph 186 (u))

Must have been authorized to work under paragraph 186 (u) of the Regulations on May 7, 2024.

Must have submitted an application for a new work permit and an extension of their temporary resident status.

Must provide a support letter and a letter of employment from their current employer.

These scenarios cover candidates who are either already working in Canada, have expired work permits, or are awaiting the approval of a new permit.

Why IRCC Is Implementing This Policy

The introduction of this temporary policy is part of IRCC’s broader strategy to balance the ratio of temporary to permanent residents in Canada. By helping provinces and territories transition eligible temporary residents through the PNP, the policy facilitates a smoother path for skilled workers to obtain permanent residency. Many PNP candidates are already living and working in Canada as temporary residents, and this policy allows them to continue contributing to the economy while awaiting permanent residency status.

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By offering more flexibility through open work permits, the IRCC hopes to retain skilled workers who have already established themselves in Canada and are meeting critical labor market needs. This approach not only addresses current labor shortages but also provides candidates with a clearer path to permanent residency, offering greater security for both the workers and their employers.

The new temporary policy introduced by IRCC provides a much-needed opportunity for Provincial Nominee Program candidates to continue working in Canada while they await permanent residency. With open work permits now available to eligible candidates under certain conditions, this policy offers greater flexibility and security for skilled workers, ensuring they can stay and contribute to the Canadian workforce.

This policy, effective until December 31, 2024, aligns with Canada’s ongoing efforts to retain skilled talent and strengthen its labor market by providing newcomers with a clearer, more efficient pathway to permanent residency.

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