Optional open work permit for permanent residence pathway for Hong Kong residents
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The temporary public policy to exempt certain Hong Kong residents who have applied for permanent residence from work permit requirements gives Hong Kong residents in Canada and their eligible family members who have applied under the permanent residence pathways for Hong Kong residents the option to maintain or restore temporary residence status in Canada while their permanent residence application is being processed. This new public policy came into effect on May 27, 2024, and will expire on May 27, 2029.
This temporary public policy exempts these applications from the requirements of paragraph R200(1)(c) of the Immigration and Refugee Protection Regulations. Applicants must be in Canada at the time of application and at the time of work permit issuance.
Applications made under this public policy cannot be made on entry; therefore, these instructions do not apply to officers employed by the Canada Border Services Agency (CBSA). Work permit applications must be submitted online.
The instructions on this page should be reviewed in conjunction with the following:
Under this open work permit public policy, the following exemptions also apply:
- 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 are waived.
- Paragraph 200(3)(e) of the Regulations: a work permit can be issued if the prohibition is only under paragraph 200(3)(e) of the Regulations, that is, if the foreign national has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization.
- A work permit cannot be issued if the foreign national engaged in unauthorized work for an employer described in section 196.1 of the Regulations (offering striptease, erotic dance, escort services or erotic massages, ineligible for non-compliance or in default regarding an administrative monetary penalty).
On this page
Eligibility
Under this facilitative measure, the principal applicant must meet all of the following criteria:
- submitted an application under the Permanent resident pathways for Hong Kong residents that has been accepted into processing (i.e., was promoted in GCMS)
- the permanent residence application must not have been already refused or withdrawn
- hold a passport issued by
- the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China
- the United Kingdom to a British National Overseas (BNO), as a person born, naturalized, or registered in Hong Kong
- be in Canada and
- has valid temporary resident status, or
- had temporary resident status that expired within 90 days of the date of application for this work permit and has applied for restoration at the same time
- have held a work or study permit within the previous 3 years before the date the application for permanent residence was submitted
Important: To be eligible for facilitation under this temporary public policy, Hong Kong residents must be “physically in Canada with valid temporary resident status.” An individual who has applied for facilitation under the public policy may leave Canada while their application is pending, but must be in Canada with valid temporary resident status or eligible for restoration of status at the time the decision is rendered to benefit from facilitation under the public policy. Typically, a foreign national who leaves Canada no longer holds valid temporary resident status and must present themselves at the port of entry, where a decision will be made regarding whether to permit re-entry as a temporary resident.
Officers should confirm that the applicant has not left Canada prior to granting the exemption for fees or the public policy open work permit. Officers can find instructions on confirming exit here: Entry/Exit Program.
Note: If the applicants temporary status expired more than 90 days before they apply for this open work permit, their application can be refused.
Documentary evidence
Individuals applying for an open work permit under the public policy must select in the online application tool that they are “Applying for a work permit under an active public policy or special measure announced by IRCC” in order to trigger the open work permit results. They will enter “HK OWP” in the job title box and “HK OWP – APR applicant in Canada public policy” in the brief description of duties box.
Mandatory documents
- Copy of HKSAR or BNO passport
- Digital photo
- Payment receipt in the Proof of Fee Exemption slot
Optional documents
- Family Information form [IMM 5707] - If the officer finds that they require the IMM 5707 for their assessment, it should be requested. Applications should not be refused due to a missing IMM 5707.
Application assessment
Renewal application
If the application for permanent residence is still being processed and has not been refused or withdrawn, applicants may apply to renew their work permit.
Final decision
Approval
On the “Application” screen, officers should confirm or enter the following information in the specified fields:
| Field | Selection or input |
|---|---|
| Case type | 20 |
| Province of destination | Leave blank |
| City of destination | Leave blank or unknown |
| NOC | 99999 (generic code) |
| Intended occupation | Open |
| Employer | Open |
| Duration | Up to 3 years |
| Fees | Open work permit holder fee: exemption code P03 Work permit processing fee – $155 Any other applicable fees must be paid |
All foreign nationals applying for an open work permit under this public policy are exempt from the open work permit holder fee of $100 as the fee is not referenced in subsection 303.2(1) of the Regulations. All other applicable fees must be paid.
Important: If this fee is paid in error, it must be refunded as per the processing office’s normal refund procedures.
Refusals
If an officer is not satisfied that all the requirements of section 200 of the Regulations are met, they must record their reasons and outline the rationale for the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.
Refusal reasons should clearly indicate which criteria or what requirement of section 200 of the Regulations was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.
Work and study permits for family members of the principal applicant
Work permit
An open work permit may be issued to a family member (spouse, common-law partner, or dependent child) of the principal applicant under LMIA exemption code R02 if the principal applicant is approved for a work permit under the public policy and the family member meets the following criteria:
- is included as an accompanying family member on the permanent residence application
- is in Canada and
- has valid temporary resident status, or
- had temporary resident status that expired within 90 days of the date of application for this work permit and has applied for restoration at the same time
- is 18 years old at the time of the work permit application
Study permit
Minor children can apply for a study permit under existing study permit streams or may study without one at the K–12 level if they are already in Canada and at least one parent is a work or study permit holder. Applications must be submitted online.