Canada Extends Open Work Permits For Provincial Nominee Candidates

Canada's Immigration, Refugees and Citizenship Canada (IRCC) has extended a key policy allowing foreign nationals who are nominated through Provincial Nominee Programs (PNPs) to apply for open work permits (OWPs). This extension, which now runs through December 31, 2025, aims to provide greater opportunities for foreign workers seeking permanent residency in Canada.

The policy enables eligible candidates to receive an open work permit valid for up to two years, allowing them the flexibility to work for any employer across the country. To be eligible, applicants must have a valid profile in an Expression of Interest (EOI) pool from a participating province or territory, along with a support letter from the respective provincial or territorial government.

The extension of this temporary public policy is a significant step for many foreign nationals in Canada, as it grants them the ability to work while awaiting their permanent residency applications to be processed.

Eligibility for Open Work Permits

Foreign nationals looking to apply for an OWP under this policy must meet a set of specific criteria. The applicant needs to provide a letter of employment from their current employer and a support letter from the province or territory in which they are working. Additionally, applicants must fall into one of three situations:

1. Current Work Permit Holders: If an applicant has a valid work permit.
2. Expired Work Permit Holders: If their work permit expired after May 7, 2024, and they have applied for an extension or restoration of their status.
3. Maintained Status Holders: If the applicant had maintained status as of May 7, 2024, and their application for an extension is either approved or still pending.

Participating Provinces

At present, three Provincial Nominee Programs are participating in this public policy and issuing support letters:

• Alberta: Alberta Advantage Immigration Program (AAIP)
• Manitoba: Manitoba Provincial Nominee Program (MPNP)
• Yukon: Yukon Nominee Program (YNP)

Each participating province or territory has its own processes for issuing support letters, which are essential for individuals seeking an OWP under this policy.

Exemptions for Certain Candidates

For those whose work permits have expired, the policy includes exemptions from some of the usual regulations. Notably, individuals in this situation may be exempt from the usual 90-day deadline to apply for restoration of their temporary resident status. Additionally, individuals who have worked without authorization or have failed to comply with certain work permit conditions may still be eligible for an OWP under this policy.

The application process for an OWP under this policy involves several key steps. Applicants must first secure a support letter from the participating province or territory. They will then need to gather the necessary documents, including proof of employment and a valid passport, before submitting their application online through the IRCC’s secure account system.

Applicants must also be prepared to pay applicable fees, including processing fees for the work permit and potential restoration of status fees. Once the application is submitted, individuals can track its status and receive updates via their IRCC secure account.

The purpose of this public policy is to assist foreign nationals who are attempting to transition to permanent residency through the PNP. It helps streamline the process by providing work permits that are not tied to specific employers, offering greater flexibility in the job market. The move is part of the federal government's strategy to reduce the proportion of temporary residents in Canada’s population while supporting skilled workers in their journey toward permanent status.

Open work permits are generally seen as more desirable than closed work permits because they allow individuals to work for a variety of employers across Canada, providing a greater range of opportunities.