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Open Work Permits under Temporary Programs for PR Applicants in Canada

Posted on 15/06/2022

Last year, IRCC announced a pathway to permanent residence for temporary workers in Canada (TR to PR pathway) on a valid work permit. You could apply for an open work permit and thus remain in Canada while awaiting a decision on your application for permanent residence, instead of having to leave the country when your temporary work permit expired. Given the COVID travel restrictions that were (and largely still are) in place, this policy made a lot of sense.

This temporary program is now being expanded to include eligible family members who can now also apply for an open work permit – assuming they meet the requirements. The idea is to facilitate family reunions by allowing accompanying family members to apply for open work permits and work in Canada.

Let’s see how it will function.

There are 2 sets of eligibility conditions – one for the workers themselves (the principal applicants for permanent residence, in other words), and another for their accompanying family members. However, the exemptions granted to both these groups – each with their own eligibility conditions – are identical. The exemptions are:

• Under IRPR 200 1(c), you had to have a job offer for work that was part of an international or interprovincial agreement, or that provided cultural, technological, or other benefits to Canada and that provided jobs and opportunities to Canadian citizens and permanent residents. These requirements are exempted if you are eligible according to the criteria we list below.
• Under IRPR 199 (a) through 199 (i), you had to fulfill a list of conditions to be able to apply for a work permit after entering Canada (rather than before entering as is normally the case). These requirements are also exempted if you are eligible under the conditions we’ll list below. The exempted requirements are:
  • You hold a work or study permit.
  • Are not a business visitor.
  • You hold a temporary resident permit.
  • You are a family member.
  • You applied for a work permit before entering Canada but have not yet received it.
  • You are applying as a trader, investor, intra-company transferee or professional.
  • You have a written statement from the Department of Foreign Affairs and International Trade allowing you to work for a foreign diplomatic mission in Canada.
  • You have to work to support yourself in Canada.

Eligibility conditions for foreign workers in Canada:

The foreign worker must:

• Be in Canada with a valid temporary resident status or be eligible to restore your status
• Apply for an Open Work Permit 4 or less months from the date their temporary work permit will expire (in other words wait until you have 4 months left on your temporary work permit, then apply for your open work permit)
• Apply online for your open work permit unless a disability means you have to apply by another method
• You have already applied for permanent residence under one of the following Temporary Public Policies for Facilitating the Granting of Permanent Residence for Foreign Nationals
  • Outside of Quebec with recent Canadian work experience in essential occupations,
  • Who are French-speaking outside of Quebec with recent Canadian work experience in essential occupations,
  • Outside of Quebec with a recent credential from a Canadian post-secondary institution,
  • Who are French-speaking outside of Quebec with a recent credential from a Canadian post-secondary institution,
  • Outside of Quebec with a recent credential from a Canadian post-secondary institution who applied in excess of the application intake cap,
  • Outside of Quebec, who used an alternative format and whose applications were in excess of the intake cap.
• When you applied for permanent residence under any of the temporary programs listed directly above:
  • You had a job
  • You held a work permit
  • You were authorized to work under IRPA
• Have the following results for English or French language tests:
  • Those in essential occupations (the first 2 temporary programs listed above) need a CLB 4 which is equivalent to:
    • IELTS Reading 3.5; Writing & Speaking 4.0; Listening 4.5
  • Those with recent credentials from a Canadian post-secondary institutions or who applied by alternative means (last 3 programs listed above) need a CLB 5 which is equivalent to:
    • IETLS Reading 4.0; Writing, Speaking, & Listening 5.0

Eligibility conditions for accompanying family members

• Is an accompanying family member who was listed as such in the foreign workers application for permanent residence
• Has applied for a work permit online
• Is 18 years of age or older

 

This new temporary program is expected to go into effect within a couple of months. More details will be coming in the near future so stay tuned!

 

Posted in News Tips and tagged Open Work Permit, TR to PR pathway program, Work Permit