Temporary public policy to further facilitate the issuance of an open work permit to certain former or current post-graduation work permit holders

Background

Canadian employers continue to face labour shortages which impact their recovery following the COVID-19 pandemic. Post Graduation Work Permit (PGWP) holders may currently be helping to fill those acute labour market needs and can help alleviate the current shortage of workers in a broad range of occupations across Canada. As most PGWP holders seek to transition to permanent resident status, these graduates may ultimately play an important role in assisting Canada’s economic recovery from the pandemic while also acquiring additional skilled work experience that may support their future eligibility to apply to immigrate to Canada permanently.

For PGWP holders who have expired work permits or for those whose permits will expire in 2023, the inability to renew these work permits will mean that they will have to stop working and leave Canada unless they have applied for or been issued another permit to maintain their status as a temporary resident, or if they are granted permanent resident status. Without additional measures to facilitate the issuance of new work permits to this population, Canada risks losing this pool of qualified individuals who are already in Canada, have completed post-secondary programs here and may already be working.

Public Policy Considerations

The Canadian labour market has been experiencing record-low unemployment rates and employers continue to indicate that a shortfall in available workers continues to be their biggest challenge. Facilitating access to work permits for those already in Canada may help employers fill those positions and helps to prevent some workers from having to quit their jobs and leave the country.

Post-Graduation Work Permit holders whose permit expired or will expire between September 20, 2021 and December 31, 2023, will benefit from the ability to maintain or restore their legal status in Canada, support themselves, and fill acute labour market needs in Canada.

Individuals who meet the public policy eligibility criteria will also be exempt from the requirement to be authorized to work in Canada until May 31, 2024, to allow them to work while they apply for a new open work permit facilitated under the public policy and for the Department to process that work permit application. Because this “interim work authorization” does not confer temporary resident status, some individuals may also need to apply for an extension or restoration of their status, where applicable. Eligible individuals who left Canada will also be able to apply for a new open work permit in order to return to Canada.

This public policy will permit eligible PGWP holders and former PGWP holders:

• in Canada to work without authorization in the short term (however this authorization does not in itself provide status in Canada or authorization to return to Canada);
• to apply from inside Canada for a new open work permit and facilitate restoration of their status, if applicable; and
• who left Canada to apply for a new open work permit from outside Canada.

Open work permits will afford eligible individuals with mobility that may be needed to address the ongoing volatility of the labour market caused by COVID-19.

Therefore, I hereby establish that, pursuant to my authority under section 25.2(1) of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the following conditions (eligibility requirements).

Conditions (eligibility requirements)

Part 1 – All applicants

Based on public policy considerations, delegated officers may grant an exemption, valid until May 31, 2024, from the requirements of the Immigration and Refugee Protection Regulations identified below if:

The foreign national:

1. held or holds a Post-Graduation Work Permit with an expiry date between September 20, 2021 and December 31, 2023.

Part 2 – Applicants in Canada with status or eligible for restoration

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Immigration and Refugee Protection Regulations identified below if:

The foreign national:

1. held or holds a Post-Graduation Work Permit with an expiry date between September 20, 2021 and December 31, 2023;
2. has submitted an application for a work permit under section 200 of the Regulations from within Canada, and the duration of the work permit they are seeking is for a maximum of 18 months;
3. has valid temporary resident status, or is eligible for restoration of status, as their temporary resident status expired within 90 days of the date their application for a work permit referred to in (ii) was submitted;
4. has submitted the work permit application referred to in (ii) using electronic means (applied online), or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online;
5. has requested consideration under this public policy; and
6. has applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations, if applicable.

Part 3 - Applicants in Canada, but not eligible for restoration

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations identified below if:

The foreign national:

1. held a Post-Graduation Work Permit which expired on or after September 20, 2021;
2. has submitted an application for a work permit under section 200 of the Regulations from within Canada and the duration of the work permit they are seeking is for a maximum of 18 months;
3. had temporary resident status which expired more than 90 days before their application for a work permit referred to in (ii) was submitted;
4. was physically present in Canada at the time the application referred to in (ii) was submitted;
5. has submitted the work permit application referred to in (ii) using electronic means (applied online), or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online;
6. has requested consideration under this public policy; and
7. has applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations.

Part 4 – Applicants outside Canada

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Immigration and Refugee Protection Regulations identified below if:

The foreign national:

1. held or holds a Post-Graduation Work Permit with an expiry date between September 20, 2021 and December 31, 2023;
2. has submitted an application for a work permit under section 200 of the Regulations, and the duration of the work permit they are seeking is for a maximum of 18 months;
3. was outside Canada at time the application for a work permit referred to in (ii) was submitted;
4. has submitted the work permit application referred to in (ii) using electronic means (applied online), or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online; and
5. has requested consideration under this public policy.

Provisions of the Immigration and Refugee Protection Act and Immigration and Refugee Protection Regulations for which an exemption may be granted:

To foreign nationals who meet the conditions (eligibility requirements) of Part 1:

• Paragraph 183(1)(b) of the Regulations – the condition to not work unless authorized by Part 9 or 11 of the Regulations.
• Section 196 of the Regulations – the requirement to be authorized to work in Canada by a work permit or the Regulations.

To foreign nationals who meet the conditions (eligibility requirements) of Part 2:

• Paragraphs 199(a) to (i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations.
• Paragraph 200(3)(e) of the Regulations – 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, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations, as long as the period of unauthorized work was after the expiry of their Post Graduation Work permit.

To foreign nationals who meet the conditions (eligibility requirements) of Part 3:

• The requirement in paragraph 20(1)(b) of the Act for the foreign national to establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry and to remain).
• The requirement in subsection 22(2) of the Act for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent).
• The requirement in subsection 182(1) of the Regulations for a visitor, worker or student to make an application to restore temporary resident status within 90 days after losing their temporary resident status.
• Paragraphs 199(a) to (i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (work permit issuance).
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations.
• Paragraph 200(3)(e) of the Regulations – 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, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations, as long as the period of unauthorized work was after the expiry of their Post Graduation Work permit.

To foreign nationals who meet the conditions (eligibility requirements) of Part 4:

• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations.
• Paragraph 200(3)(e) of the Regulations – 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, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations, as long as the period of unauthorized work was after the expiry of their Post Graduation Work permit.

Other admissibility and selection criteria

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

Effective date and expiration

This public policy comes into effect on April 6, 2023, and will expire on December 31, 2023. The public policy may be revoked at any time. Applications received on or after the coming into effect date and on or before its expiry date, or the date of revocation if applicable, will be processed under this public policy.