Understanding Canada’s New Open Work Permit Policy for PNP Applicants

Record numbers of foreign workers in Canada in 2024 have overloaded the Provincial Nominee programs, causing processing times for PNP applications in several provinces to lengthen to the point at which the programs no longer made any sense. Due to large volumes of applications, many applicants would see their
work permits expire while waiting for a decision on their Provincial Nominee program application, which usually means they are no longer eligible for a nomination.

To help rectify this situation, IRCC has partnered with three Provincial Nominee programs to create a limited time public policy that permits certain PNP candidates, who have received Provincial support, to apply for an
open work permit while waiting for a decision on their application for Provincial Nomination. The purpose of this policy is to allow applicants to retain temporary resident status and remain working long enough to receive a decision on their application for Provincial Nomination.

Note: it is not possible for all candidates who have applied to a Provincial Nominee Program to apply for an open work permit. This is a temporary option that is granted only to those who have a letter of support from the province they are waiting to be nominated by.

Currently, this policy applies to workers residing in Alberta, Manitoba, or Yukon, whose work permits will expire between May 7 and Dec 31, 2024, and who have applied for Provincial Nomination but have not yet received a decision on their application (or who were refused only because they no longer held a valid work permit). 

The
Provincial Nominee Programs in these three provinces are in the process of reviewing the applications in their queue or expression of interest pool to determine which candidates will receive a letter of support from the Province. Typically, the program will send a letter to the candidate asking whether they have obtained a new work permit, and if they are still living or working in the province. Those candidates who are still working or living in the province and have no other option to renew their work permits are then provided with a provincial support letter that can be used to submit an application for an open work permit. In some cases, even expired work permit holders are eligible to receive a provincial support letter, as long as they are eligible to restore their status as a worker.

It is not possible for the candidate to request a letter of support. The Provinces are the ones who are making the decision as to who they wish to support for this process. Eligible candidates will be contacted by the Province with further instructions depending on the province of residence.

To be eligible for the new PNP Open work permit, you must meet the following conditions:

• Hold a valid work permit or have held a work permit that was valid on May 7, 2024. If your permit expired after this date, you may still apply as long as you restore your status when applying for this OWP. Note that applications to restore status must be submitted within 90 days of losing temporary resident status.

• Provide the following key documents:
• Support letter from the provincial or territorial authority where you reside, confirming your inclusion in the EOI pool or PNP application inventory.
• Letter of employment from your current employer.

This public policy is time-limited and the temporary measure will expire on December 31, 2024. The government reserves the right to revoke it at any time without prior notice, so it’s important to act quickly if you are eligible. You should submit your work permit application as soon as you receive the letter of support from your province.

If you meet the above eligibility criteria and requirements, follow these steps to apply for your open work permit:

Ensure you have the following supporting documents ready to include with your work permit extension application:

• Support letter from your provincial or territorial authority.
• Letter of employment from your current employer.
• Copy of your valid passport.
• Proof of fee payment.
• Passport size photo

Be prepared to pay the following fees:

• Work permit fee: CA$155
• Open work permit holder fee: CA$100
• Restoration fee (if applicable): CA$229

You need to apply online for this work permit, using the IMM 5710 to Extend your Stay as a Worker.

When filling out the application form, select “Open Work Permit” in the “Details of intended work in Canada” section. For the Job title and Description, use the appropriate provincial code as noted below:

• Use ABEOI2024 if your letter of support is from Alberta.
• Use MBEOI2024 if your letter of support is from Manitoba.
• Use YKEOI2024 if your letter of support is from the Yukon.

This new open work permit option is a game-changer for foreign workers whose work permits may have expired or are nearing expiration. It offers them a chance to continue working in Canada, with a valid work permit, provided they are in a province or territory that supports the program. Additionally, this policy helps provinces and territories retain skilled workers who are already contributing to the local economy and are on track for permanent residency through the
Provincial Nominee Program (PNP).

Employers also benefit by being able to retain workers who are critical for their operations during the transition period. This ensures stability in key industries while workers progress through the permanent residency process.

If you qualify, make sure to gather your documents, understand the application steps, and submit your OWP application online. This is a valuable opportunity to maintain your work status in Canada while awaiting the next steps in your immigration journey.

While legally, you can work for almost any employer in any location with an open work permit, it’s important to remember that your application for Provincial Nomination was submitted with the support of your current employer, in your current location. If you change that employment relationship before you achieve PR status, you may no longer qualify for the program that you applied for. Therefore, it is strongly recommended that you remain with your current employer even when you receive an open work permit. It would be entirely possible, however, to take on a second job once you have the open work permit; as long as your second job does not impact your ability to work full time for your existing employer. Absolutely do not change the province where you are working or living – as this will certainly result in a refusal of your application for nomination or for Permanent Residency.

Only candidates who were already in the processing queue when this public policy was announced on August 11, 2024 can expect to receive consideration from their Province for this program. The intent of this policy is to assist
Alberta, Manitoba and The Yukon with managing their existing application inventory, not to introduce a new work permit option for all who may apply in the future.

Among those who have applied to a participating provincial nominee program, most current work permit holders are eligible applicants, including
LMIA work permit, open work permits, LMIA exempt work permit, employer specific work permits and post graduation work permit holders.

Yes, it likely takes the same amount of time to assess the eligibility criteria of the PNP candidate for this open work permit as it would to just assess the PNP application and issue a nomination certificate. The issue is that each Province is given a certain number of allocations by IRCC each year, and they cannot issue more provincial nomination certificates than they are permitted by IRCC. This new policy effectively allows the province to shift some of the candidates for nomination into 2025, instead of losing the opportunity to keep those workers in the Province because they would return home when they no longer had a valid work permit. This also means that there will effectively be fewer nomination spots available for other foreign nationals during the 2025 nomination window. In the meantime, most Provincial nominee program’s have made changes to restrict the number applications that will be accepted in any given year, to hopefully avoid the issue of excess inventory in the future.

The good news is that IRCC requires that the provincial or territorial authority conduct an initial assessment of all foreign nationals who are issued a support letter, to ensure they meet the eligibility requirements of the program they applied for and are likely to be issued a nomination certificate in the future. So if you receive the letter to apply for the open work permit, it means you are also highly likely to receive a Provincial Nomination certificate in due time. The provincial nomination certificate will then enable you to apply for Permanent Residence.

Foreign nationals who receive a letter from their provincial or territorial authority that authorizes them to apply to extend their temporary resident status need to then submit an application for a new work permit to IRCC. If this new work permit is approved, then you will have a two year open work permit that enables you to remain legally working in Canada. During this two year period of time, the PNP program that you applied to will assess your application and determine whether or not to issue you a Provincial Nomination Certificate. If you receive the PNP Certificate, then you are eligible to apply to IRCC to become a Permanent Resident.

If your new work permit is not approved, then you have likely lost the opportunity to remain in Canada. For this reason, it’s critical that your open work permit application is prepared properly, and submitted before the program expires on Dec 31, 2024.

In this situation, we recommend meeting with a professional to sort out whether you have any other options to maintain the ability to work in Canada long enough to receive a decision on your application to the Provincial Nominee Program. The pathway to permanent residency is different for every principal applicant, and a meeting with an expert can help you uncover options to navigate the application process that you may not have considered.

The Best Alberta Immigration Consultants are waiting for you at
The Way Immigration. Since 2008, we have helped thousands achieve their Canadian immigration goals. Contact our office today to sort out your best options for immigration success for you and your family.