IRCC Announces Open Work Permit Options for Certain PNP Candidates

Immigration Refugees and Citizenship Canada (IRCC) has implemented a new temporary policy permitting certain Provincial Nominee Program (PNP) candidates to apply for an open work permit (OWP).

Under this public policy, eligible newcomers can obtain an open work permit (OWP) if they have a job offer, a valid work permit, or a work permit that expired on or after May 7th. Additionally, they must have a support letter from the province or territory where they reside, confirming their placement in an Expression of Interest pool or another application inventory process following an initial assessment by that province or territory.

This new temporary policy is effective starting August 11th, 2024, and will remain in effect until December 31st, 2024. However, IRCC has indicated that the policy could be “revoked at any time, without prior notice.”

Under this new policy, eligibility is extended to individuals who meet the following criteria:

1. Job Offer: They must have a valid job offer.
2. Current or Recent Work Permit: They must hold a valid work permit or have had a work permit that expired on or after May 7th, 2024.
3. Provincial or Territorial Support: They must possess a support letter from the province or territory where they reside. This letter must confirm their inclusion in an Expression of Interest pool or another application inventory process following an initial assessment by that province or territory.

Under this new policy, certain Provincial Nominee Program (PNP) candidates may qualify to apply for an open work permit (OWP) if they meet the conditions for one of the following scenarios:

Note: The term “regulations” below refers to Canada’s Immigration and Refugee Protection Regulations, available here.

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

In addition to holding a valid work permit, to be eligible for this policy a foreign national must:

• Have submitted an application for a new work permit under section 200 of the Regulations;
• Have provided with their application:
  • A support letter from the relevant Provincial or Territorial authority that has signed an agreement with IRCC, confirming their placement in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP; and
  • A letter of employment from their current employer.

Scenario 2: A foreign national who held a valid work permit on May 7, 2024, and whose permit has since expired may be eligible under this policy. To qualify, the foreign national must:

1. Submit Applications:

• For a new work permit under section 200 of the Regulations.
• For an extension of their temporary resident status under section 181 of the Regulations, or for restoration of their temporary resident status under section 182.

1. Provide with their Application:

• A support letter from the relevant Provincial or Territorial authority with an agreement with IRCC, confirming their inclusion in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP.
• A letter of employment from their current employer.

Scenario 3: A foreign national who was authorized to work under paragraph 186 (u) of the Regulations on May 7, 2024, and whose application for a work permit extension is either pending or approved, may be eligible under this policy. To qualify, the foreign national must:

1. Submit Applications:
   • For a new work permit under section 200 of the Regulations.
   • For an extension of their temporary resident status under section 181 of the Regulations.
2. Provide with their Application:
   • A support letter from the relevant Provincial or Territorial authority with an agreement with IRCC, confirming their inclusion in an Expression of Interest pool or the authority’s application inventory process under the relevant PNP.
   • A letter of employment from their current employer.

Candidates must also meet the associated criteria for the conditions above to be eligible for this policy. For detailed eligibility conditions, visit IRCC’s webpage here.

Why is IRCC Implementing This Policy?

IRCC aims to balance the ratio of temporary residents (such as those on work or study permits) to permanent residents in Canada by assisting provinces and territories in transitioning eligible temporary residents through their PNPs. Many candidates for these programs are already temporary residents in Canada, where they have demonstrated their economic potential and established community connections.

The department hopes this policy will help retain skilled workers who meet critical labor market needs in Canada and offer them a more transparent path to permanent residency

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