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

Background:

Canadian employers continue to be affected by the COVID-19 pandemic. Crucial industries across the Canadian economy are facing labour shortages, estimated to be as high as 1 million positions. 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.

As a result of the pandemic and related operational pressures, a pause on Express Entry invitations to apply for Federal High Skilled streams (Canadian Experience Class, Federal Skilled Worker Class and Federal Skilled Trades Class) was put in place on September 20, 2021 until July 6, 2022. This pause has impacted the ability of foreign nationals in Canada to transition to permanent residence.

Many Post-Graduation Work Permits have expired since the pause was announced or will expire in 2022, at which point 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 via other programs. As PGWPs cannot be extended, PGWP holders may have been particularly impacted by this pause. Without measures to facilitate the issuance of new work permits, Canada risks losing this large pool of qualified individuals who have completed post-secondary programs in Canada.

Post-Graduation Work Permit holders whose permit expired or will expire between September 20, 2021 and December 31, 2022, will benefit from the ability to maintain or restore their legal status in Canada, support themselves, and fill acute labour market needs in Canada. Eligible individuals will be exempted from the requirement to have authorization to work in Canada until May 31, 2023. Eligible individuals who left Canada will also be able to apply for a new open work permit in order to return to Canada. Open work permits will afford eligible individuals with mobility that may be needed to address the current volatility of the labour market caused by COVID-19.

This public policy will permit eligible:

• former PGWP holders in Canada to work without authorization in the short term;
• PGWP holders and former PGWP holders to apply from inside Canada for a new open work permit and facilitate restoration of their status, if applicable; and
• PGWP holders and former PGWP holders, who left Canada, to apply from outside Canada for a new open work permit.

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, 2023, 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, 2022.

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, 2022;
2. 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 (iii) was submitted;
3. 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;
4. has submitted the work permit application referred to in (iii) using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose, if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means;
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. had temporary resident status which expired more than 90 days before their application for a work permit referred to in (iv) was submitted;
3. was physically present in Canada at the time of application;
4. 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;
5. has submitted the work permit application referred to in (iv) using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose, if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means;
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, 2022;
2. is outside Canada at time the application for a work permit referred to in (iii) is submitted;
3. 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;
4. has requested consideration under this public policy; and
5. has submitted the work permit application referred to in (iii) using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose, if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means.

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 requirements of Part 1, above:

• 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 requirements of Part 2, above:

• 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 requirements of Part 3, above:

• 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 requirements of Part 4, above:

• 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 revokes and replaces the Temporary public policy to facilitate the issuance of an open work permit to former or current post-graduation work permit holders who are in Canada signed on April 14, 2022. It comes into effect upon signature and will expire on December 31, 2022. 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.

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