Public policy: Open work permits for applicants under the temporary resident to permanent resident pathway

Temporary public policies aiming to transition foreign nationals already living and working in Canada to permanent residence were announced on April 14, 2021 and launched on May 6, 2021.

To support these permanent resident public policies, the Temporary public policy to exempt certain permanent residence applicants from work permit requirements was signed on July 4. 2021, to provide exemptions from certain requirements of the Immigration and Refugee Protection Regulations (IRPR) to facilitate the issuance of open work permits to eligible individuals in Canada. Eligible family members may also apply for an open work permit.

A new public policy on issuing open work permits was signed on April 21, 2022 to come into effect on June 6, 2022.

The new public policy will:

• allow the issuance of open work permits with a longer duration (until December 31, 2024) to avoid the need for renewals; and
• expand the eligibility criteria of the open work permit public policy to include eligible family members abroad to help speed up family reunification.

This replacement public policy will be applied retroactively to pending applications for a work permit made under the initial public policy, as well as all applications received after the date that this public policy takes effect. Refer to Extensions.

On this page

• Policy objectives
• Eligibility requirements for principal applicants
• Documentary evidence
  • Proof of receipt of IRCC confirmation email
  • Proof of language test results
  • Proof of authorized work
• Processing open work permit applications
• Work permit issuance for principal applicants
  • Fees
  • Special program codes
• Eligibility requirements for spouses, common-law partners and dependent children
  • Documentary evidence
  • What is a genuine relationship
  • Processing of family groups
• Open work permit issuance for family members
• Extensions
  • Documentary evidence

Policy objectives

This public policy facilitates the issuance of open work permits to eligible foreign nationals in Canada who submitted an application for permanent residence under one of the streams created by the Temporary Resident to Permanent Resident Pathway public policy which came into effect on May 6, 2021. It also authorizes eligible family members to apply for an open work permit regardless of whether or not they are currently residing in Canada with the principal applicant.

Eligibility requirements for principal applicants

Foreign nationals must meet the following criteria:

• have temporary resident status (including maintained status) or be able to restore their temporary resident status
• if they hold a work permit, the permit must be valid for 4 months or less at the time they apply for a work permit under this public policy
• have submitted their open work permit application online through an IRCC Secure Account (referred to as MyAccount or MyCIC Account) under this public policy and have indicated which permanent residence public policy stream they applied under.
• at the time they applied for permanent residence, the foreign national must
  • have held legal authorization to work, i.e., a valid work permit, authorization to work under section R186, or authorization to work under a public policy
  • have obtained a specific level of language ability on an IRCC-approved language test
• have either
  • received an email confirmation that IRCC received their permanent residence application under one of the following public policies and that it is within any capped volume:
    • Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with recent Canadian work experience in essential occupations
    • Temporary public policy to facilitate the granting of permanent residence for French-speaking foreign nationals in Canada, outside of Quebec, with recent Canadian work experience in essential occupations
    • Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution
    • Temporary public policy to facilitate the granting of permanent residence for French-speaking foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution
    • Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution who applied in excess of the application intake cap ;
    • Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, who used an alternative format to apply to the Temporary Pathway to Permanent Residence and whose applications were received in excess of the application intake cap

    Or

  • have received the letter the Client Support Centre (CSC) provided when an alternative application format (for example: paper copy, Braille or large print) was requested. The letter from the CSC is evidence that IRCC accepted their explanation and sent the required application package.

Note: The permanent residence application must not have been withdrawn or refused at the time of work permit application submission.

Documentary evidence

Proof of receipt of IRCC confirmation email

Principal applicants must provide a copy of the confirmation email stating that IRCC has received their application.

This is a system-generated email that is sent to online applicants. The email reads as follows:

---

Proof of language test results

The applicant must have language test results from a designated provider listed below that show the applicant meets the minimum language level in each of the 4 language skill areas for the stream to which they are applying, for either

• the Canadian Language Benchmark (CLB) in English; or
• the Niveaux de compétence linguistique canadiens (NCLC) in French

English providers

• IELTS: International English Language Testing System (General Training test only)
• CELPIP: Canadian English Language Proficiency Index Program (General test only)

French providers

• TEF Canada: Test d’évaluation de français
• TCF Canada: Test de connaissance du français (in French only)

The date of the test results should be within 2 years but prior to permanent residence application submission.

The minimum language requirements for each stream are as follows:

See the language requirements  section for information on providing evidence of language proficiency.

The applicant must submit this proof using the “Client Information” slot in the electronic application.

Proof of authorized work

The foreign national must submit the following 2 pieces of evidence to show that, at the time the application for permanent residence was submitted, they were legally employed in Canada:

• a copy of the confirmation of employment letter (an employer reference letter) from their employer or a job contract covering the period of time when they submitted their permanent residence application. This proof is the same piece of evidence that the applicant used to support their permanent residence application.

  and

• one of the following:
  • If they were authorized to work in Canada under section R200 or R201, a copy of their work permit that covers the date of permanent residence application submission.
  • If they were exempt from the work permit requirement under section R186, a copy of a visitor record or other satisfactory evidence.
  • If they were authorized to work without a work permit under a public policy until a decision is made on their work permit application, a copy of the interim work authorization approval.

The officer should find this proof in the “Client Information” slot in the incoming correspondence.

Processing open work permit applications

Officers should use a work permit expiry date of December 31, 2024.

Open work permit applications will be processed by the Centralized Network (CN).

Officers should note that applicants are given specific instructions on how to complete the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]. Applicants instructions can be found at Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway .

Applicants are instructed to input the following in the “Details of intended work in Canada” section:

Box 1: What type of work permit are you applying for?

Select “Open Work Permit”.

Box 4: “Job title” and “Brief description of duties”

Enter “TRPR pathway PP OWP” in the “Job title” box.

Enter the name of the permanent residence stream you applied under in the “Brief description of duties” box.

Work permit issuance in the Global Case Management System (GCMS)

On the “Application” screen, officers should enter the following information in the specified fields:

Fees

All foreign nationals applying for an open work permit under this public policy are required to pay the work permit processing fees, but are exempt from the requirement to pay the open work permit holder fee of $100 as work permit applicants under a public policy are not referenced in subsection R303.2(1).

Applicants instructions can be found at: Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway.

Special program codes

The special program codes that are used for the permanent residence applications can manually be entered by intake officers so that processing officers can easily identify the stream the applicant chooses to apply for. The codes and streams are as follows:

Eligibility requirements for spouses, common-law partners and dependent children

To be eligible for an open work permit under this public policy, family members must

• have submitted an open work permit application online through an IRCC Secure Account and included the UCI of their principal family member in the work permit application
• be in Canada when they submit their work permit application
• be a genuine family member as described in subsection R1(3) of a principal applicant who has applied for and been found eligible for an open work permit under this public policy.
  • ‘Family member’ is defined as;
    • a spouse or common-law partner
    • dependent child of principal applicant or their spouse or common-law partner
    • dependent child of a dependent child
• have been included as an accompanying family member in the principal applicant’s permanent residence application
• be 18 years of age or older at the time the work permit application is submitted
• must have a valid temporary resident status or be eligible to restore their temporary resident status if they are in Canada at the time of submission.

If the principal applicant is not eligible for an open work permit under the temporary resident to permanent resident pathway public policy, the processing officer will also refuse the work permit applications. If the work permit application of the principal applicant is refused, family members who submitted an open work permit under this public policy would no longer be eligible for an open work permit under the public policy and their work permit application should be refused. and any other temporary residence applications for family members and send a refusal letter to the applicants.

Applicants overseas are instructed to submit their application online using the application form for applicants outside Canada. They are subject to all requirements for overseas applicants.

Applicants are required to check the migration office’s specific requirements to make sure all required documents are included in their online application.

Documentary evidence

With the application for a spouse’s or dependent child’s open work permit, the applicant should provide the following, in addition to the other supporting documents requested when submitting an online application:

• proof of relationship (for example, marriage certificate, declaration of common-law relationship, birth certificate that shows both parents’ names)
• a copy of the IMM 0008 form for the permanent residence application in which the principal applicant listed the name of their family members

What is a genuine relationship

As per section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership either

• was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act
• is not genuine

If officers have any concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.

Processing of family groups

For applicant instructions for family members, see: Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway

Applications for whole family submitted together

The CPC-E is responsible for processing in-Canada applications (for principal applicants and in-Canada family members) whether the applications were submitted as a group or separately.

Family groups where the principal applicant is in Canada and family members are outside of Canada will be triaged automatically to the CPC-E.

The CPC-E will only process the principal applicant’s application. Applications for outside of Canada family members will be referred to the appropriate migration office for processing.

If the principal applicant is eligible for an open work permit under the TR to PR pathway public policy, CPC- E will:

• approve the principal applicant’s work permit application
• refer the overseas family members to the appropriate migration office. CPC E will follow the existing process they have for this procedure.
• Add a Case Note to the family members’ application: “Principal applicant is eligible for an open work permit under the TRPR pathway public policy. Referred to [migration office] for processing and final decision.”
  • The officer must add the ORG ID code for family members before transferring the applications to the relevant migration office.

If the work permit application of the principal applicant is refused, family members who submitted an open work permit under this public policy would no longer be eligible for an open work permit and their work permit application should be refused.

Applications for family submitted separately

Dependants who did not include their temporary residence application in a family group with the principal applicant’s application can only submit their application after the principal applicant receives the open work permit.

In such cases, dependants must upload a copy of the principal applicant’s work permit in the “Client Information” field or ‘Proof of family member status’ when they apply online through the IRCC secure account (MyCIC Account).

If migration offices receive an online application from dependants overseas and the CPC-E has already issued an open work permit to the principal applicant, the appropriate migration office can make a final decision on the temporary residence application.

If the dependants are eligible to apply for temporary residence after entry and they used the in-Canada form, the CPC-E or local office will process the application and make the final decision as per the regular procedure.

Open work permit issuance for family members

On the “Application screen”, officers should enter the following information in the specified fields:

Extensions

If a permanent residence application is in processing but has not been finalized, foreign workers who received an open work permit under this public policy may apply to extend their work permit. If they still meet all requirements, they may be issued an open work permit that is valid until 31 December, 2024 or until the expiry of the travel document, whichever is earlier.

Applicants instructions can be found at: Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway.

However, instead of putting the name of the permanent residence stream in the “Brief description of duties” box, they must enter the unique client identifier (UCI) of the principal applicant.

Documentary evidence

In addition to the other supporting documents requested when submitting an online application, the applicant should provide the following:

• A copy of the work permit that was issued under the OWP TR to PR pathway public policy.