New IRCC Work Permit Extension Policy for PNP Candidates

Canada’s Minister of Citizenship and Immigration, Marc Miller, has introduced a new public policy aimed at streamlining the issuance of open work permits for eligible Provincial Nominee Program (PNP) candidates. Effective August 11, 2024, this policy offers a faster route to permanent residency for those already contributing to the Canadian economy.

Key Points of the New Open Work Permit Policy for PNP Candidates

• The candidates must hold or have held a valid work permit as of May 7, 2024.
• They can extend their stay and continue working in Canada without needing a Labour Market Impact Assessment (LMIA).
• They must submit an application for the new open work permit under Section 200 of the Regulations.
• They must obtain a Letter of Support from the Provincial or Territorial authority.
• They must include a letter of employment/job offer letter from their current employer.

Open Work Permits for PNP Candidates

The new policy, established under Section 25.2, provides an expedited pathway for eligible foreign nationals currently residing in Canada under PNP to obtain open work permits. This allows them to work for any employer in Canada, giving them greater flexibility and opportunities to find suitable employment.

Who is Eligible for PNP-Based Open Work Permit?

This policy targets three specific groups of foreign nationals:

Current Work Permit Holders: Those holding a valid work permit can apply for a new open work permit under Section 200 of the Regulations. The application must include a support letter from the provincial or territorial authority where they reside, confirming their inclusion in an Expression of Interest pool or the PNP application inventory.

Expired Work Permit Holders: Individuals who held a valid work permit on May 7, 2024, but whose permits have since expired, can apply for a new open work permit and restoration of their temporary resident status. The application must be accompanied by a support letter from the provincial or territorial authority and a letter of employment from their current employer.

Those Authorized to Work Under Paragraph 186(u): Foreign nationals authorized to work under this provision on May 7, 2024, can also apply for a new work permit, provided they meet the same conditions as the other categories.

Exemptions and Admissibility

The policy allows for exemptions from specific regulatory requirements, enabling eligible foreign nationals to continue working legally in Canada while awaiting the processing of their PNP application. However, all other legislative eligibility and admissibility requirements not exempted under this policy still apply.

Impact and Expiration

The policy is set to expire on December 31, 2024, but may be revoked at any time without prior notice. This time-limited public policy aims to recalibrate the temporary resident to permanent resident ratio and offers a clearer pathway to permanent residency for those meeting the criteria.

This new work permit extension policy marks a significant step in Canada’s ongoing efforts to support temporary residents on their journey towards permanent residency. Temporary residents who meet the eligibility criteria are encouraged to take advantage of this opportunity to secure their future in Canada.

At Elaar Immigration, we are committed to helping our clients navigate the complexities of immigration policies. If you have any questions about how this new policy may impact your status, Please feel free to contact us for a consultation.