Work Permits for Prospective PNP Candidates: New Temporary Public Policy by IRCC

Canada continues to attract skilled workers from around the world through various immigration programs, including the Provincial Nominee Program (PNP). To streamline the transition of PNP candidates into the Canadian workforce, Immigration, Refugees, and Citizenship Canada (IRCC) has introduced a Temporary Public Policy aimed at facilitating work permits for these individuals. This article provides an in-depth look at this policy, the eligibility criteria, and the application process for work permits under the public policy, offering prospective immigrants valuable insights to help them get their path to permanent residency.

What is the Temporary Public Policy?

The Temporary Public Policy by IRCC is designed to provide work permits to individuals who have been nominated under a Provincial Nominee Program but are awaiting the processing of their permanent residence applications. This policy allows candidates to work in Canada while their permanent residency status is pending, thereby contributing to the labor market and helping meet regional economic needs. The policy is especially beneficial for those whose nomination is not tied to a specific employer, providing flexibility to work across various sectors within their province or territory.

Eligibility Criteria for the Temporary Public Policy

The Temporary Public Policy outlines specific conditions that must be met to apply for work permit and to be granted under its provisions. These conditions are based on public policy considerations and provide a pathway for foreign nationals to gain an exemption from certain regulatory requirements. The eligibility requirements are detailed below:

Condition 1: Foreign Nationals with a Valid Work Permit

To qualify under this category, the foreign national must:

1. Hold a Valid Work Permit: The applicant should currently possess a valid work permit in Canada.
2. Apply for Work Permit (new): The candidate must submit a new work permit application under section 200 of the Immigration and Refugee Protection Regulations (IRPR).
3. Provide Supporting Documents: The application must include:
   • A Support Letter issued by the Provincial or Territorial authority where the foreign national resides. This authority must have an agreement with IRCC, outlined in a letter of intent, detailing its role in facilitating this public policy.
   • The support letter must confirm that the foreign national has been screened and placed in an Expression of Interest pool or is currently in the province’s or territory’s application inventory process for PNP eligibility.
   • A Letter of Employment from the applicant’s current employer.

Condition 2: Foreign Nationals Whose Work Permit Expired on or After May 7, 2024

For individuals whose work permits expired on or after May 7, 2024:

1. Expired Work Permit: The foreign national must have held a valid work permit as of May 7, 2024, which has since expired.
2. Submission of Applications: The candidate must have submitted:
   • A New Work Permit Application under section 200 of the IRPR.
   • An Extension of Temporary Resident Status under section 181 of the IRPR, or an application for restoration of their temporary resident status under section 182.
3. Supporting Documents: The application must include:
   • A Support Letter from the relevant Provincial or Territorial authority, confirming the foreign national’s placement in an Expression of Interest pool or their ongoing evaluation in the PNP eligibility process.
   • A Letter of Employment from the applicant’s current employer.

Condition 3: Foreign Nationals Authorized to Work on May 7, 2024, with Pending Work Permit Applications

For foreign nationals who were authorized to work under paragraph 186(u) of the IRPR on May 7, 2024, and whose work permit extension is either pending or approved:

1. Work Authorization Status: The foreign national must have been authorized to work on May 7, 2024, and their work permit extension must still be under review or approved.
2. Submission of Applications: The candidate must have submitted:
   • A New Work Permit Application under section 200 of the IRPR.
   • An Extension of Temporary Resident Status under section 181 of the IRPR.
3. Supporting Documents: The application must include:
   • A Support Letter issued by the relevant Provincial or Territorial authority, confirming the foreign national’s placement in an Expression of Interest pool or their assessment under the PNP eligibility process.
   • A Letter of Employment from the applicant’s current employer.

Provisions of the Regulations for Which Exemptions May Be Granted

The Temporary Public Policy allows for exemptions from specific provisions of the Immigration and Refugee Protection Regulations for eligible foreign nationals. These exemptions are outlined as follows:

• For Foreign Nationals Meeting Conditions 1 and 3:
  • Paragraph 200(1)(c): This exemption relates to the standard eligibility requirements that must be met by foreign nationals seeking to apply for work permit under existing pathways.
• For Foreign Nationals Meeting Condition 2:
  • Section 182: This exemption addresses the requirement for visitors, workers, or students to apply for restoration of their temporary resident status within 90 days of losing it.
  • Section 182: This also covers the requirement for compliance with any other conditions imposed on their previous status.
  • Paragraph 200(1)(c): Exemption from the eligibility requirements to apply for work permits under existing pathways.
  • Paragraph 200(3)(e): This allows exemptions from the rule that prohibits issuing work permits to individuals who have engaged in unauthorized work or study in Canada or failed to comply with the conditions of a previous permit or authorization.

How to Apply for Work Permits under the Temporary Public Policy?

Here is a step-by-step guide to applying for a work permit under this policy:

1. Document Preparation: Gather all necessary documents, including your support letter from the Provincial or Territorial authority, your previous work permit, proof of status, and a letter of employment from your current employer.
2. Create an IRCC Account: If not already done, set up an account on the IRCC website to manage your application process online.
3. Complete the Work Permit Application Form: Fill out the work permit application form online, ensuring you indicate your application falls under the Temporary Public Policy for PNP candidates.
4. Payment of Fees: Pay the required fees, including the work permit processing fee and the open work permit holder fee, to ensure your application proceeds without delays.
5. Submit the Application: Upload your documents and submit your completed application through your IRCC account.
6. Await Processing: Processing times can vary, so it’s advisable to apply well before your current status expires.

Effective Date and Expiration of the Policy

This public policy comes into effect on the date it is signed and applies to applications received on or after the coming into effect and to applications pending under the Temporary Public Policy to Facilitate Work Permits for Foreign Nationals in Provincial and Territorial Expression of Interest Pools under the Provincial Nominee Program signed on June 26, 2024.

On coming into effect, this public policy revokes and replaces the Temporary Public Policy to Facilitate Work Permits for Foreign Nationals in Provincial and Territorial Expression of Interest Pools under the Provincial Nominee Program signed on June 26, 2024.

This public policy will expire on December 31, 2024 and may be revoked at any time, without prior notice.

The Honourable Marc Miller, P.C., M.P
Minister of Citizenship and Immigration
Dated at Ottawa, this 11^th day of August, 2024

Summary of the Policy

The Temporary Public Policy for prospective Provincial Nominee Program candidates provides a crucial opportunity for foreign nationals to enter the Canadian workforce while awaiting their permanent residency. By offering exemptions from specific regulatory requirements, this policy supports smoother transitions and allows candidates to contribute to the economy without delay. For those navigating this pathway, understanding the eligibility criteria and preparing accurate, thorough applications is key to success. For personalized guidance on applying for a work permit under this policy, contact Khanna Immigration Services today. Our experts are here to help you through every step of your Canadian immigration journey.