New Open Work Permit for PNP Candidates

Open work permits in Canada are a flexible immigration option that allows foreign nationals to work for any employer across the country without being tied to a specific job or location. This type of work permit is particularly advantageous for individuals seeking greater mobility and opportunities within the Canadian job market.

For PNP Candidates, the IRCC Announces the Open Work Permit Policy

Immigration, Refugees and Citizenship Canada (IRCC) has implemented a new public policy that enables specific Provincial Nominee Program (PNP) candidates to register for open work permits. This move is a significant step toward facilitating the transition of temporary residents to permanent residents.

This temporary policy, effective from August 11, 2024, until December 31, 2024, aims to retain valuable talent that has already proven its potential to contribute economically and socially to Canadian society. It provides an expedited pathway for temporary residents supported by provincial or territorial authorities under a PNP.

Eligibility Criteria

To qualify under this policy, foreign nationals must meet specific conditions based on their work permit status:

For Current Work Permit Holders:

• Must hold a valid work permit
• Should have applied for a new work permit under section 200 of the Regulations
• Need to provide a support letter from the Provincial or Territorial authority confirming placement in an Expression of Interest pool or application inventory under the PNP and a letter of employment from their current employer

For Expired Work Permit Holders:

• The individual must have had a valid work permit as of May 7, 2024, but it has since expired.
• Need to have applied for a new work permit under section 200, an extension of temporary resident status under section 181, or restoration of status under section 182
• Submit a letter of employment from their current employer and a support letter from the Provincial or Territorial authority.

For Work Permit Extension Applicants:

• As of May 7, 2024, the individual must have been authorized to work under paragraph 186(u) of the Regulations.
• Need to have a pending or approved work permit extension application
• Provide a support letter from the Provincial or Territorial authority and a letter of employment from their current employer.

Difference from Bridging Open Work Permit

Unlike the Bridging Open Work Permit (BOWP), which requires applicants to have already submitted a permanent residency application, this new policy does not necessitate a permanent residence application. 

The key requirement is the provincial letter of support, providing an alternative pathway for temporary residents in the PNP process.

This policy represents a significant shift in how Canada manages the balance between temporary and permanent residents. 

By facilitating open work permits for PNP candidates, IRCC aims to retain skilled individuals who have already demonstrated their ability to contribute to the Canadian economy. Eligible applicants should act promptly to take advantage of this temporary policy before its expiration at the end of 2024.

What is an Open Work Permit for PNP Candidates

Definition and Types

An open work permit is a legal document that permits foreign nationals to work in Canada without needing a job offer at the time of application. Unlike closed work permits, which restrict employment to a single employer, open work permits facilitate employment across various sectors and regions. There are generally two types of open work permits:

• Unrestricted Open Work Permits: These allow individuals to work for any employer in any occupation.

• Occupation-Restricted Open Work Permits: These may limit the type of job or employer but still provide more flexibility than closed work permits.

Eligibility Criteria

Eligibility for an open work permit varies depending on the applicant’s situation. Common categories include:

• International Graduates: Students who have completed a program at a Designated Learning Institution (DLI) in Canada may apply for a Post-Graduation Work Permit (PGWP), which is a type of open work permit.
• Spouses and Common-Law Partners: Partners of skilled workers or international students may also be eligible for open work permits.
• Participants in International Experience Canada (IEC): Young adults from countries with reciprocal agreements can apply for open work permits under the Working Holiday category.
• Temporary Residents: Those on a temporary resident status may qualify under specific public policies, such as the recent initiative for Provincial Nominee Program (PNP) candidates.

Application Process

Applying for an open work permit can be done from within Canada, outside Canada, or at a Canadian port of entry. The steps generally include:

• Determine Eligibility: Review the specific criteria applicable to your situation.

• Gather Required Documents: Collect necessary documents, such as proof of eligibility, identification, and any supporting letters from employers or provincial authorities.

• Submit Application: Complete the application form and pay the required fees. The processing fee for an open work permit is typically around CAD 255.

• Await Processing: Processing times can vary, so it is advisable to apply well in advance of your intended start date.

Advantages of Open Work Permits

The primary benefits of open work permits include:

• Flexibility: Holders can change jobs or employers without applying for a new permit.
• No Job Offer Required: Applicants do not need to secure a job offer before applying, which broadens employment opportunities.
• Pathway to Permanent Residency: Gaining Canadian work experience can enhance eligibility for permanent residency programs, making open work permits a strategic choice for many foreign nationals.

Open work permits in Canada provide a valuable opportunity for foreign nationals to work freely and gain experience in the Canadian labour market. With various eligibility categories and a straightforward application process, they serve as a crucial pathway for many individuals aiming to establish their lives in Canada.