A few PGWP holders to get an open work permit in Canada

On April 6, 2023, a new temporary public policy went into effect that enables PGWP holders in Canada who have expired or whose permits will expire between September 2021 and December 31, 2023, to keep or regain their legal standing and apply for an open work permit. The deadline for all applications is December 31, 2023.

What is the goal behind this Temporary Public Policy?

The reason this policy came into effect was to address the growing unavailability of skilled workers needed for certain jobs. With the help of this public policy, eligible PGWP holders and previous PGWP holders will be able to apply for open work permits to fill job opportunities and stop employees from fleeing the country.

This public policy will enable eligible PGWP holders and former PGWP holders to:

• Obtain an open work permit from within Canada and facilitate the restoration of their status, if necessary;
• Work legally in Canada without further authorization for a short period;
• A person who traveled outside to apply for a work permit outside of Canada.

What is an Interim work authorization?

Holders of PGWPs whose licenses expire between September 2021 and December 31, 2023, received letters containing interim work authorizations (IWAs) on April 5, 2023. While they are requesting a new open work permit, the IWA entitles holders to start or continue working in Canada up until May 31, 2024. The IWA does not grant temporary resident status, so if the holder loses their status, any time spent working in Canada will not contribute towards Canadian work experience. The temporary resident status of foreign nationals must be held and maintained.

What are the eligibility criteria to attain this temporary open work permit?

The foreign national must fulfill the conditions listed below to be eligible under this governmental policy.

The foreign nationals:

• Had or already owns a PGWP with an expiration between September 20, 2021, and December 31, 2023.
• Between April 6, 2023, and December 31, 2023, submitted an online application for an open work permit. Only applicants who are unable to apply online due to a handicap or an issue with the online application may do so.
• Has requested to be taken into consideration for this public policy for a maximum of 18 months.
• If applicable, has applied to reinstate their temporary residence status under section 182(1) of the Immigration and Refugee Protection Regulations.

What documentation evidence is required?

To conduct an evaluation, officers must be confident they have the following documentation evidence:

• A digitally submitted open work permit application between April 6, 2023, and December 31, 2023, unless excluded from the requirement to apply online.
• A request for consideration by this public policy specifies the maximum 18-month length of the work visa they are requesting.
• A prior work permit with the LMIA-exemption code C43, with an expiration date between September 20, 2021, and December 31, 2023.

How to restore the status?

If an eligible applicant loses their status between September 20, 2021, and December 31, 2023, they must simultaneously apply for both an open work visa and a reinstatement of their temporary resident status.

This governmental policy exempts eligible applicants from the 90-day restoration period.

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