Temporary Public Policy allows certain PGWP holders to get an open work permit in Canada

A new temporary public policy was implemented on April 6, 2023, which provides an opportunity for PGWP holders in Canada. These individuals, whose permits have expired or will expire between September 2021 and December 31, 2023, now have the chance to maintain or regain their legal status by applying for an open work permit. It is important to note that all applications must be submitted before the deadline of December 31, 2023.

What is the purpose of this Temporary Public Policy?

The primary objective of this Temporary Public Policy is to tackle the increasing shortage of skilled workers required for specific occupations. By implementing this policy, eligible individuals holding PGWP and former PGWP holders can apply for open work permits, aiming to fill job vacancies and prevent the departure of valuable employees from 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 of time;
• A person who traveled outside to apply for a work permit outside of Canada.

What is an Interim work authorization (IWA)?

An Interim Work Authorization (IWA) is a document provided to holders of PGWPs (Post-Graduation Work Permits) whose permits are set to expire between September 2021 and December 31, 2023. On April 5, 2023, these individuals received letters containing IWAs. The IWA allows them to commence or continue working in Canada while they apply for a new open work permit. It grants them the authorization to work in Canada until May 31, 2024. It’s important to note that the IWA does not confer temporary resident status. Therefore, if the holder loses their status, any time spent working in Canada will not count towards Canadian work experience. It is crucial for foreign nationals to maintain and uphold their temporary resident status.

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

To be eligible for the temporary open work permit under this government policy, foreign nationals must meet the following criteria:

• Hold or have previously held a PGWP (Post-Graduation Work Permit) that expires between September 20, 2021, and December 31, 2023.
• Submit an online application for an open work permit between April 6, 2023, and December 31, 2023. Exceptions are made for individuals with disabilities or technical difficulties preventing them from applying online.
• Request consideration under this public policy for a maximum duration of 18 months.
• If applicable, submit an application to reinstate their temporary residence status under section 182(1) of the Immigration and Refugee Protection Regulations.

What documentation evidence is required?

For a thorough assessment, officers need to ensure they possess the following documentation evidence:

• A digitally submitted application for an open work permit between April 6, 2023, and December 31, 2023, unless exempted from the online application requirement.
• A request for consideration under this public policy clearly indicates the desired maximum duration of the work permit, which should not exceed 18 months.
• A previous work permit with the LMIA (Labour Market Impact Assessment) exemption code C43, which has an expiry date falling between September 20, 2021, and December 31, 2023.

How to restore the status?

To restore their status, eligible applicants who have lost their status between September 20, 2021, and December 31, 2023, need to follow the steps below:

• Simultaneously apply for both an open work permit and a reinstatement of their temporary resident status.
• The application should be submitted as per the guidelines and requirements provided by the government.

It is important to note that under this governmental policy, eligible applicants are exempt from the usual 90-day restoration period typically required for restoring temporary resident status.