Background
The department aims to adjust the ratio of temporary residents to permanent residents in Canada by helping provinces and territories transition eligible temporary residents through their Provincial Nominee Programs (PNPs). Many qualified candidates for the PNPs can be found among the current temporary residents in Canada, who, during their stay, have the chance to prove their economic potential and integrate into local communities.
To emphasize the department’s priority of increasing the number of current temporary residents transitioning to permanent residency, a time-limited public policy is proposed to provide this group with access to open work permits. Supported by their respective provinces or territories as PNP candidates, these skilled workers, who are already meeting essential labor market needs, will be retained and given a clearer path to permanent residence.
Public Policy Considerations
Under section 25.2 of the Immigration and Refugee Protection Act, this public policy will enable eligible foreign nationals, who either hold a valid work permit, have held one that expired as of May 7th, or have a job offer, to be issued an open work permit. To qualify, they must also have a support letter from their provincial or territorial authority, confirming their placement in an Expression of Interest pool or other application process following an initial assessment.
Based on public policy considerations, delegated officers may exempt foreign nationals who meet these conditions from certain regulatory requirements.
Conditions (Eligibility Requirements)
Foreign nationals may receive exemptions if they meet the following criteria:
Current Work Permit Holders:
- Hold a valid work permit.
- Have applied for a new work permit under section 200 of the Regulations.
- Provide a support letter from their provincial or territorial authority, confirming their placement in an Expression of Interest pool or application process under the PNP.
- Include a letter of employment from their current employer.
Former Work Permit Holders:
- Held a valid work permit on May 7, 2024, which has since expired.
- Have applied for a new work permit and either an extension of their temporary resident status or restoration of it under the relevant sections of the Regulations.
- Provide the same type of support letter and letter of employment as mentioned above.
Pending Work Permit Extensions:
- Were authorized to work under paragraph 186 (u) of the Regulations on May 7, 2024, with a pending or approved work permit extension application.
- Have applied for a new work permit and an extension of their temporary resident status.
- Provide the same type of support letter and letter of employment as mentioned above.
Regulatory Exemptions
For those meeting the conditions under points 1 and 3, exemptions may be granted from paragraph 200(1)(c) of the Regulations. For those under point 2, exemptions may be granted from the requirements in sections 182 and 200(3)(e) of the Regulations.
Other Admissibility and Selection Criteria
Foreign nationals eligible under this policy must still meet all other legislative eligibility and admissibility requirements that are not exempted.
Effective Date and Expiration
This policy becomes effective upon signing and applies to applications received on or after that date. It replaces the previous Temporary Public Policy signed on June 26, 2024, and will expire on December 31, 2024. It may be revoked at any time without prior notice.
References:
The Honourable Marc Miller, P.C., M.P “2024-08-27”. Temporary public policy to facilitate work permits for prospective Provincial Nominee Program candidates https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/work-permits-prospective-pnp-candidats.html
