Immigration Refugees and Citizenship Canada (IRCC) has introduced a new temporary policy that allows some potential Provincial Nominee Program (PNP) candidates to apply for an open work permit (OWP).

This public policy will enable eligible newcomers to obtain OWP if they have a job offer, a valid work permit, or a work permit expiring on or after May 7. These individuals must also have a letter of support from the province or territory where they live (confirming their place in the interest pool or other application list process after an initial assessment by the province or territory).

This new temporary policy is effective August 11, 2024, and will remain in effect until December 31, 2024 – though IRCC notes that the policy “may be revoked at any time, without prior notice”.

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Who is eligible under this new policy?

Under this new policy, some PNP candidates may be able to apply for OWP if they meet the relevant conditions for one of the following scenarios:

Note: The term “Regulations” below refers to Canada’s Immigration and Refugee Protection Regulations, which can be found here.

Scenario 1: The foreign national currently has a valid work permit.

In addition to a valid work permit, a foreign national must have the following qualifications to be eligible for this policy:

• has submitted an application for a new work permit under section 200 of the Regulations;
• Provide the following information with your application:
  • A letter of support from the relevant provincial or territorial authority that has signed an agreement with IRCC confirming their place in the Expression of Interest pool or the authority’s application list process under the relevant PNP; and
  • Employment letter from their current employer.

Scenario 2: The foreign national had a valid work permit as on May 7, 2024, which has now expired.

To be eligible for this policy, a foreign national must, in addition to already having a valid work permit, have the following qualifications:

• Application is submitted for the following:
  • New work permit under section 200 of the Regulations;
  • extending their authorization to remain in Canada as a temporary resident under section 181 of the regulations, or restoring their temporary resident status under section 182;
• Provide the following information with your application:
  • A letter of support from the relevant provincial or territorial authority that has signed an agreement with IRCC – confirming their place in the Expression of Interest pool or the authority’s application list process under the relevant PNP; and
  • Employment letter from their current employer.

Scenario 3: The foreign national was authorized to work under Section 186(u) of the Regulations on May 7, 2024, and their work permit extension application is pending or approved.

In addition to already holding a valid work permit and having an application for a new work permit in process, the foreign national must meet the following qualifications to be eligible for this policy:

• Application is submitted for the following:
  • New work permit under section 200 of the Regulations;
  • extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations;
• Provide the following information with your application:
  • A letter of support from the relevant provincial or territorial authority that has signed an agreement with IRCC – confirming their place in the Expression of Interest pool or the authority’s application list process under the relevant PNP; and
  • Employment letter from their current employer.

Candidates must also meet the relevant criteria for the above conditions to be eligible for this policy. To read all the details of the eligibility conditions, visit IRCC’s webpage here.

Why is IRCC following this policy?

IRCC’s goal is to adjust the ratio of temporary residents (those on work/study permits) to permanent residents in Canada, to help provinces and territories relocate eligible temporary residents through their PNPs. Many candidates for these programs are already among Canada’s temporary residents and have used their time in this status to prove their economic potential and build community ties.

The department says it hopes this approach will help retain skilled workers already in Canada who meet critical labour market needs and provide them with a clear path to permanent residence.

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