Occupation-restricted open work permits (OROWPs) under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) – Gaining experience category [R205(a) – C90]: International Mobility Program (IMP)

These instructions apply to IRCC employees. Given that applicants can’t submit their applications at a port of entry, the instructions do not apply to border services officers.

The instructions on this page should be reviewed in conjunction with

• Open work permit – General processing and issuance
• Conditions and validity period on work permits
• Assessing the application against selection criteria

The department uses specific administrative codes to identify certain situations where it considers the work of a foreign national to create significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, as described in paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR). The factors provided for each code demonstrate how the situation may meet the requirements of paragraph R205(a). Officers must also always be satisfied that the situation meets all requirements of articles R200 and R201 (if they are applying to renew their work authorization).

The administrative code C90 is the code under which the work of certain foreign nationals in the specific National Occupational Classifications (NOCs) plays an important role in supporting Canadian families. As foreign nationals in transition to permanent residence, applicants under these pilots may create significant economic or social benefits.

There are 2 categories of permanent resident applicants under the pilots:

• Gaining experience category (Category A)
• Direct to permanent residence category (Category B)

Applicants who belong to Category A must submit their work permit application with their permanent residence application online, and the requirements for permanent residence are assessed first. If applicants have less than 12 months of eligible Canadian work experience but meet all other requirements, they should be issued an occupation-restricted open work permit (OROWP) that will give them time to obtain the eligible work experience.

Applicants who belong to Direct to permanent residence (Category B) may be eligible for a bridging open work permit (BWOP), as they have met all permanent resident requirements.

On this page

• Applicant categories
• Eligibility
• Receipt of work permit applications
  • Application forms
• Application assessment
  • Permanent resident application is eligible
  • Permanent residence application is refused
  • Applicant is inadmissible or non-compliant
  • Applicant has an existing work permit
• Final decision
  • Approval
  • Refusals
• Family members of Gaining experience applicants [R205(a) – C91]
  • Dependent children and working age
• Temporary residence applications for family members
  • Study permits
  • Temporary resident visa (TRV) or electronic travel authorization (eTA)
• Scenarios
  • Principal applicant and dependants are overseas
  • Principal applicant is in Canada and dependants are overseas
  • Principal applicant is in Canada as a visitor and dependants are overseas

Applicant categories

Applicants under the pilots are divided into 2 categories, depending on whether they have the eligible Canadian work experience:

• Gaining experience category (Category A) is defined as a group of applicants (outside or within Canada) who have less than 12 months of eligible Canadian work experience.
• Direct to permanent residence (Category B) is defined as a group of applicants who have already completed the 12 months of eligible Canadian work experience in the following occupations on the date the permanent residence application under 1 of the pilots is made
  • for applications assessed as per NOC 2016, either NOC 4411 or NOC 4412
  • for applications assessed as per NOC 2021, either NOC 44100 or NOC 44101
• Combined work experience under the 2 NOCs is not counted.
  • Category B applicants are not eligible for an OROWP. However, they could be eligible to apply for a BWOP after receiving a positive eligibility decision.

Eligibility

To be eligible for an OROWP under one of the pilots, the applicant must

• apply for the OROWP together with their application for permanent residence
• meet the eligibility requirements under the HCCPP or HSWP
• have an eligible job offer and be likely to accept it
• be able to perform the work described in the lead statement of the occupational description of the NOC
• have paid the work permit processing fee ($155) and the open work permit holder fee ($100)

Officers may consult the HCCPP and HSWP instructions for guidance on permanent residence eligibility criteria, intake and processing.

Receipt of work permit applications

Work permit applications must be submitted online with applications for permanent residence through the Permanent Residence Portal.

For pilot application packages submitted via the Permanent Residence Portal, officers will find the work permit application listed as Other in the list of documents in the portal.

For pilot application packages submitted in an alternate format through regular mail, officers should find the correct paper version of the work permit application included with the permanent residence application and supporting documents.

Regardless of the method of receipt, after the completed permanent resident application is created and promoted, the officer will

• create the prospective work permit application in the Global Case Management System (GCMS)
• promote the work permit application once all required data entry is complete

Application forms

For applicants who are physically outside of Canada, the Application for work permit made outside Canada [IMM 1295] (PDF, 572 KB) should be received, with the appropriate fees: $155 for the work permit fee and $100 for the open work permit holder fee.

For applicants who are physically in Canada and are authorized to apply for a work permit after entry as per section R199, the Application to change conditions, extend my stay or remain in Canada as a worker [IMM 5710] (PDF, 587 KB) should be received, with the appropriate fees: $155 for the work permit fee and $100 for the open work permit holder fee.

For applicants who are physically in Canada but are not authorized to apply after entry, the Application for work permit made outside Canada [IMM 1295] (PDF, 572 KB) should be received, with the appropriate fees: $155 for the work permit fee and $100 for the open work permit holder fee.

Application assessment

Under the pilots, the permanent resident requirements are assessed before the work permit application.

Permanent resident application is eligible

If the officer is satisfied that the applicant meets the eligibility requirements under Gaining experience for permanent residence and is admissible, the officer will process the OROWP application.

• In some cases, Gaining experience permanent residence applicants may submit the proof of work experience before IRCC issues the work permit. In such cases, if the work experience is
  • eligible: Officers can pass eligibility on the permanent residence application without assessing the job offer requirement and ability to perform the work (similarly to a Direct to permanent residence assessment). After the positive permanent residence eligibility decision, the officer will assess the work permit under the BWOP guidance.
  • not eligible: The officer will proceed with the assessment of the job offer and ability to perform the work as part of the permanent residence assessment. If approved, the officer will assess the OROWP application.

Permanent residence application is refused

If the application for permanent residence is refused (a stage-1 negative decision), the processing officer will take the following steps for the work permit application:

• where the IMM 1295 (outside Canada form) was submitted, the officer will not create the work permit application in GCMS and will refund the work permit processing fee and open work permit holder fee
• where the IMM 5710 (inside Canada form) was submitted, the officer will
  • create the work permit application in GCMS
  • assess and make a final decision on the work permit application
    • This will most likely be a refusal, as the eligibility criteria under the administrative code C90 are not met.

Applicant is inadmissible or non-compliant

If it is determined that a Gaining experience category applicant is in Canada and has lost their status or been determined inadmissible, the officer should follow the instructions for assessing the permanent residence application first.

If the officer passes the permanent residence admissibility based on humanitarian and compassionate considerations, they must determine if issuing a temporary resident permit (TRP) is warranted to overcome any non-compliance or inadmissibility and allow the applicant to regain their temporary resident status.

If the TRP is issued, the OROWP may be issued for the same length of time as the TRP. However, the work permit is issued under paragraph R207(d), as the applicant has applied for permanent residence and the Minister granted them an exemption on humanitarian and compassionate grounds. The permanent residence application remains in the pilot.

Since the applicant is still part of the permanent resident pilot, the work permit should be issued as occupation-restricted, but the following administrative code is used: A70.

All other coding remains the same.

Applicant has an existing valid work permit

When assessing the outside of Canada work permit application [IMM 1295] (work permit category in GCMS) for the OROWP, if the processing officer determines that the applicant has received a work permit under a different category, the officer must confirm that the applicant is still interested in being processed under the pilots.

The special measure process should be followed if, at the time of decision on the OROWP application, the applicant

• holds a valid work permit in any other category (for example, post-graduation work permit, Canada-Ukraine authorization for emergency travel [CUAET], labour market impact assessment [LMIA]-based)
• was physically outside Canada at the time of their initial work permit application under the pilot, but has subsequently entered Canada
• has passed eligibility and admissibility (Stage 1) for HCCPP / HSWP Gaining experience (Category A)

This special measure does not apply to applicants who are physically in Canada and meet the following criteria:

• The OROWP was approved, the counterfoil was issued and letter of introduction (LOI) sent.
  • The client should have requested the work permit on entry, as their temporary resident visa (TRV) (counterfoil) was issued outside Canada.
• The applicant entered Canada as a visitor with no authority to work.

Special measure process

No final decision made

If, at the time of the decision on the work permit application, an integrated search indicates that the applicant is presently in Canada and holds a work permit, the processing officer must

1. pass eligibility on the work permit application
2. if applicable, uncheck the TRV option in GCMS to remove the counterfoil requirement
3. send a request letter based on the template (PDF, 744 KB) with the Client Information paragraph to allow for the uploading of the response
4. enter the final decision on the work permit application when the response is received or the time to submit has passed. If approved, follow the steps to print in Canada

Final decision was completed and official passport request letter has been sent

If the work permit application was finalized and a draft work permit and counterfoil exist, but the applicant entered Canada on a work permit under a different category, and the OROWP application status is “Open”, the following steps should be taken to implement the special measure:

1. ensure that the “Position” is set to “Migration Office and Visa Officer Responsibility”
2. cancel the existing draft control document activity under the “Finalize Application View” tab
3. change the “Application Status” to “Re-open” in the “History View” tab
4. delete the final decision of “Approved”
   • If applicable, uncheck “Counterfoil req” in GCMS to remove the counterfoil requirement.
5. Send a request letter based on the template (available internally only) with the “Client Information” paragraph to allow for the uploading of the response.

Final decision

Approval

On the "Application screen", officers should confirm or enter the following information in the specified fields:

GCMS workaround to ensure the right work permit duration

When IRCC or Canada Border Services Agency (CBSA) officers are issuing a C90 work permit with the special program code “CARE4411” or “CARE4412”, the work permit is inadvertently issued to passport expiry when selecting “Generate” by default. Also, the “Valid to” date cannot be modified unless the special program code is removed.

IRCC officers are asked to follow these steps when processing a C90 work permit until a system change is implemented in GCMS:

1. Remove the special program code “CARE4411” or “CARE4412” prior to entering the final decision.
2. Enter the final decision of “Approved” on the application. The permit should populate at “Not Started” under the “Finalize Application” tab.
3. Enter the conditions and validity date of the permit as the earliest of the following:
   • the current date plus 3 years, or
   • the expiry date of the travel document associated with the application
4. Change the permit status from “Not Started” to “Generate.”
5. Add the special program code back to the application.

CBSA officers are asked to follow these steps:

1. Set the “Status of permit” to “Cancelled”.
2. Proceed to the “History” tab and “App Status” = “Re-Issue” and “App Status Reason” = “Correction at port of entry”.
3. Remove the special program code “CARE4411” or “CARE4412”.
4. Proceed to the “Finalize Application” tab and click on the “New” blue button.
5. Enter the conditions and validity date of the permit as the earliest of the following:
   • the current date plus 3 years, or
   • the expiry date of the travel document associated to the application
6. Change the permit status from “Not Started” to “Generate.”
7. Click the “Print” button, add the special program code and “Confirm.”

Refusals

If an officer has determined that the applicant does not meet the eligibility requirements, they should record their reasons for the decision as per the instructions in: Decision-making: Standard of review and process for making a reasonable decision.

If the applicant is otherwise eligible and admissible but does not respond to requests for additional supporting documentation regarding the work permit application, the work permit application can be refused as per section A16 for non-compliance with the request.

If the permanent resident application is refused, the application for a work permit may be refused, as there is no longer the significant benefit of allowing early entry to Canada to obtain the work experience needed to obtain permanent residence. In GCMS, officers should choose the refusal ground “Other” and enter a summary of the decision in the comments. For example: I am not satisfied that your work will be a significant benefit to Canada, as you will not be able to transition to permanent residence.

Family members of gaining experience applicants [R205(a) – C91]

Accompanying family members are eligible for an open work permit. The work permit is issued under the authority of paragraph R205(a).

To track the family members of the gaining experience category applicants, the administrative code C91 should be used.

Dependent children and working age

There is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).

The “working age” varies across provincial and territorial jurisdictions and there is no minimum age for work permit issuance specified in the Immigration and Refugee Protection Act (IRPA) or the IRPR.

As such, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.

IRCC and CBSA officers are not required to assess the minimum age requirements in the province of destination for dependent children. Therefore, the onus is on the Canadian employers to meet the requirements of the labour laws of the province of destination.

Please refer to the instructions on who qualifies as a dependent child to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.

The child must meet the definition of dependent child when the work permit application is received and at time of decision.

Temporary residence applications for family members

Officers must confirm that the family member is included as accompanying in the application for permanent residence before finalizing any temporary residence applications.

Dependants may submit their temporary residence application together with the principal applicant’s application for permanent residence.

In such cases, dependants must upload proof of the principal applicant’s acknowledgement of receipt letter in the “Client Information” field when they apply online through the IRCC secure account (MyAccount).

If migration offices receive an online application from dependants overseas and the OROWP has not yet been issued for the caregiver’s application for permanent residence, the migration office should

• transfer the online application to the CPC-E or the local office handling the application for permanent residence, and set the CPC-E or local office as a secondary office
• add this note in GCMS:
  • Principal applicant’s caregiver permanent residence application is pending stage 1 approval. Transferred to CPC-E (or local office) for processing and final decision.

Upon review of the temporary residence application, the CPC-E or local office will put the application on hold until eligibility and admissibility are met (and the principal applicant’s OROWP is issued).

If the dependants are eligible to apply for temporary residence after entry and they used the in-Canada form, the CPC-E or local office will process the application and make the final decision as per the regular procedure.

If migration offices receive an online application from dependants overseas and the CPC-E has already issued a positive stage 1 approval letter and an OROWP to the caregiver applicant, the appropriate migration office can make a final decision on the temporary residence application.

Study permits

The instructions on this page should be reviewed in conjunction with Temporary Residents: Students.

Minor children

Minor children already in Canada are authorized under subsection 30(2) of the Immigration and Refugee Protection Act (IRPA) to study without a study permit at the preschool, primary or secondary level if one of their parents (biological or adoptive) is authorized to work or study in Canada. This includes temporary residents who are

• work permit holders
• study permit holders
• visitor status holders (for example, visitor record holders) who are either authorized to work without a permit, as per section R186, or authorized to study without a permit, as per section R188

Validity period of the study permit

The study permit is valid until the expiry of the caregiver’s work permit or the passport or travel document, whichever is earlier.

Special program code

For accompanying spouses or common-law partners and dependants who are issued a study permit, officers must indicate the special program code "CARE4411" (Caregivers&fam-HCCP Pilot) or "CARE4412" (Caregivers&fam-HSW Pilot) under which the caregiver is applying.

Temporary resident visa (TRV) or electronic travel authorization (eTA)

Preschool-age dependants need to apply for either a TRV or an electronic travel authorization (eTA). At the port of entry, the preschool-age dependant should be authorized to enter for the same duration as the principal applicant’s OROWP or until the expiry of the passport or travel document, whichever is earlier.

Special program code for visitors

For accompanying spouses or common-law partners and dependants who are issued either a TRV or a visitor record, officers must indicate the special program code “CARE4411” (Caregivers&fam-HCCP Pilot) or “CARE4412” (Caregivers&fam-HSW Pilot) under which the caregiver is applying.

Scenarios

While it is preferred that any work permit or study permit applications for dependants be included in the principal applicant’s permanent residence application, there are cases where dependants may choose to submit their work or study permit applications together as a family group or later in the process. Below are 3 such scenarios.

Principal applicant and dependants are overseas

Principal applicant

• The principal applicant submits an application for permanent residence and a work permit application using the Application for work permit made outside of Canada [IMM 1295] (PDF, 572 KB).
• If the eligibility criteria (except the work experience) are met and the applicant and family members are not inadmissible, the following happens:
  • A decision letter (letter of introduction) is issued.
  • Once the principal applicant arrives at the port of entry, an OROWP may be issued.
    • The length of the work permit is aligned with the permanent residence window (3 years or until the passport expires, whichever is first).

Dependants

• Dependants are eligible to apply for an open work permit (LMIA exemption code C91), a TRV, or an open study permit (they are exempt from the requirement to obtain a letter of acceptance from a designated learning institution [DLI]).
• They must use the appropriate work permit, study permit or TRV application forms for applicants outside of Canada. They can include their application with the principal applicant’s application for permanent residence, or as a separate temporary residence application upon receipt of the acknowledgement of receipt (with an application number starting with an E).
• They may be eligible for an open study permit, meaning they are exempt from the requirement to obtain a letter of acceptance from a DLI as per subsection R219(2) if the principal applicant’s work permit application was approved before the principal applicant entered Canada.

Principal applicant is in Canada and dependants are overseas

Principal applicant

• The principal applicant submits an application for permanent residence and a work permit application using the Application to change conditions, extend my stay or remain in Canada as a worker [IMM 5710] (PDF, 587 KB) form.
• The principal applicant is eligible to apply for a work permit after entry under section R199.
  • If the eligibility criteria (except the work experience) are met and the applicant and family members are not inadmissible, an OROWP should be issued.

Dependants

• Dependants are eligible to apply for an open work permit (LMIA exemption code C91).
• They are eligible to apply for an institution-specific study permit (a letter of acceptance is required).
• They are eligible for a TRV (for example, preschool-aged children).
• They must use the appropriate work permit, study permit or TRV application form for applicants outside of Canada. They may include with the application for permanent residence or as a separate temporary residence application upon receipt of the acknowledgement of receipt (with an application number starting with an E).

Principal applicant is in Canada as a visitor and dependants are overseas

Principal applicant

• The principal applicant submits an application for permanent residence and a work permit application using the Application for work permit made outside of Canada [IMM 1295] (PDF, 572 KB) form.
• The principal applicant is ineligible to apply for a work permit after entry under section R199.
• If the eligibility criteria (except the work experience) are met and the applicant and family members are not inadmissible, the following happens:
  • A decision letter (letter of introduction) is issued.
  • The principal applicant will have to leave Canada, and on their return after entering another country, at the port of entry, an OROWP may be issued.
  • The length of the work permit is aligned with the permanent residence window (3 years or until the passport expires, whichever is first).

Dependants

• Dependants are eligible to apply for an open work permit (LMIA exemption code C91).
• They are eligible for an open study permit if they apply before the principal applicant’s OROWP is issued. Otherwise, they are eligible for a regular institution-specific study permit (they must have a letter of acceptance from a DLI).
• They are eligible for a TRV (for example, preschool-aged children).
• They must use the appropriate work permit, study permit or TRV application form for applicants outside of Canada. They may send it with their application for permanent residence or as a separate temporary residence application upon receipt of the acknowledgement of receipt (with an application number starting with an E).

Previous updates

• December 22, 2022
• August 30, 2019
• June 18, 2019
• July 4, 2023