Temporary public policy to facilitate work permits for prospective Provincial Nominee Program candidates

Background

The department is focused on recalibrating the temporary resident to permanent resident ratio in Canada, including by supporting provinces and territories in transitioning eligible temporary residents via their Provincial Nominee Programs. Within the existing group of temporary residents in Canada, a plethora of strong Provincial Nominee Program candidates can be found. In their time as temporary residents, these workers have the opportunity to demonstrate their ability to establish themselves economically and develop community roots.

To reinforce the department’s priority of transitioning a greater portion of current temporary residents to permanent residency, the department proposes to facilitate access to open work permits to this population via a time-limited public policy. This population will be supported by their province or territory of residence as Provincial Nominee Program candidates, and will be issued letters to this effect by their respective province or territory. Skilled workers already filling critical labour market needs in Canada will be retained and provided a more certain pathway to permanent residence.

Public Policy Considerations

This public policy, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), will allow eligible foreign nationals who hold an employment offer, a valid work permit or held a valid work permit which has expired as of May 7^th and a support letter from the province or territory they reside in, outlining their placement in an Expression of Interest pool or other application inventory process following an initial assessment of the candidate by the province/territory, to be issued an open work permit.

I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Act, exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions set out below.

Conditions (eligibility requirements)

Based on public policy considerations, delegated officers may grant to a foreign national an exemption from the requirements of the Regulations identified below if the foreign national meets the following conditions:

1. The foreign national:
   1. Holds a valid work permit;
   2. Has submitted an application for a new work permit under section 200 of the Regulations; and
   3. Has provided, with the application referred to in (b),
      1. A support letter
         1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and;
         2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
      2. A letter of employment from the foreign national’s current employer; OR
2. The foreign national:
   1. Held a valid work permit on May 7, 2024 but that permit has since expired;
   2. Has submitted an application for
      1. a new work permit under section 200 of the Regulations; and
      2. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of their temporary resident status under section 182 of the Regulations; and
   3. Has provided, with the application referred to in (b),
      1. A support letter
         1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and;
         2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
   4. A letter of employment from the foreign national’s current employer; or
3. The foreign national:
   1. Was authorized to work pursuant to paragraph 186 (u) of the Regulations on May 7, 2024, and their work permit extension application remains pending or was approved;
   2. Has submitted an application for
      1. a new work permit under section 200 of the Regulations; and
      2. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations; and
   3. Has provided, with the application referred to in (b),
      1. A support letter
         1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and;
         2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
   4. A letter of employment from the foreign national’s current employer.

Provisions of the Regulations for which an exemption may be granted

For foreign nationals who meet the conditions listed in 1 and 3:

• Paragraph 200(1)(c) of the Regulations - the eligibility requirements that a foreign national must meet in order to be issued a work permit under existing pathways;

For foreign nationals who meet the conditions listed in 2:

• The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status;
• The requirement in section 182 - for a visitor, worker or student to have complied with any other conditions imposed;
• Paragraph 200(1)(c) of the Regulations - the eligibility requirements that a foreign national must meet in order to be issued a work permit under existing pathways;
• Paragraph 200(3)(e) – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization;

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative eligibility and admissibility requirements not exempted under this, or another, public policy.

Effective Date and Expiration

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.