Open work permits for Hong Kong recent graduates
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 Hong Kong open work permit public policy allows foreign nationals who hold either an HKSAR or BNO passport, to apply for an open work permit which may be issued for up to 3 years. This public policy expires on February 7, 2025.
This public policy exempts these applications from the requirements of paragraph R200(1)(c) of the Immigration and Refugee Protection Regulations. Applicants can be residing in Canada or overseas at the time of application.
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 for Hong Kong residents:
- Paragraphs R199(a) to (I) are waived – Hong Kong residents in Canada as visitors are eligible to apply inland for an open work permit under the public policy.
- Paragraph R200(3)(e) is waived – Hong Kong residents are not prohibited from being issued a work permit if the prohibition is only under paragraph R200(3)(e), that is, if they have engaged in unauthorized work or study in Canada or have failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section R196.1.
On this page
- Eligibility
- Required supporting documents
- Work permit extension or change of conditions
- Work and study permits for spouses or common-law partners and dependent children
Eligibility
Under these facilitative measures, the following clients may be eligible as a principal applicant or an accompanying dependant:
- residents of Hong Kong, as defined in the Immigration and Refugee Protection Regulations, regardless of place of physical residence
- recent graduate which means that the principal applicant has obtained an educational credential in the 10 years immediately preceding the submission of an application
- immediate family members of Hong Kong residents who will be working or studying in Canada
Residents of Hong Kong
In these instructions, residents of Hong Kong are defined under paragraphs R190(2)(d) and (e) as foreign nationals who 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
Fee waivers and exemptions
Fee exemptions for in Canada applications to extend status as worker no longer apply as of March 31, 2023.
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 R303.2(1). 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.
Mandatory tracking of fee waivers
For all applications received after November 12, 2020, the cost recovery fee exemption code 999, as well as a reference to “Hong Kong Special Measures” (in the notes section), must be used to identify all waived fees. This will indicate that no revenue is expected by the department.
Holders of HKSAR passports are visa-exempt and may apply for an electronic travel authorization (eTA) to come to Canada. The Hong Kong Document of Identity cannot be used in place of an HKSAR passport and, therefore, cannot be used to apply for an eTA or for any other application.
Required supporting documents
Applicants 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” for them to trigger the open work permit results.
However, officers should note that the document checklist includes more documents than are required for this program. Clients are instructed to upload a page with “Not applicable” in the extra document slots, as per the list below.
Proof of education
As of February 8, 2023, the educational credential must have been obtained in the 10 years immediately preceding the submission of an application. Applications received as of May 17, 2021, that have not been finalized are eligible under this change.
For post-secondary studies, the applicant must hold either a
- degree (for example, associate, bachelor, master, doctorate) from a post-secondary designated learning institute (DLI) in Canada or an equivalent educational credential earned abroad or
- post-secondary diploma from a post-secondary DLI in Canada or the equivalent credential from an overseas institution along with an educational credential assessment (ECA) report from an agency approved by Immigration, Refugees and Citizenship Canada (IRCC) to confirm Canadian equivalency.
- The program of study must be at least 2 years in duration.
For graduate or post-graduate studies, the applicant must hold a
- graduate or post-graduate credential (for example, graduate or post-graduate diploma) from a DLI in Canada or
- an equivalent educational credential from an overseas institution along with an ECA report from an agency approved by IRCC to confirm Canadian equivalency.
The graduate or post-graduate program of study must be at least 1 year in duration, and the completion of a post-secondary degree or diploma must be a program prerequisite. The prerequisite post-secondary degree or diploma must have been obtained in the 5 years immediately preceding the start of the post-graduate program. For example, if the applicant started their post-graduate studies in the fall of 2021, then their post-secondary degree or diploma must have been obtained between the fall of 2016 and the summer of 2021.
Mandatory documents
- Copy of educational credential, transcripts, or proof of enrolment at a post-secondary educational institution
- Copy of HKSAR or BNO passport
- Family Information form [IMM 5707]
- CV or resume
- Digital photo
- Payment receipt in the Proof of Fee Exemption slot
“Not applicable” documents
- Employment reference letter
- Letter from current employer
- Employment records
- Employment contract
Police certificates
As with any case, the officer reviewing the file may request a police certificate in order to be fully satisfied that the applicant is not criminally inadmissible.
Work permit extension or change of conditions
HKSAR and BNO passport holders already in Canada are eligible to either extend their stay or apply for their initial open work permit from within Canada under the public policy. They cannot apply at a port of entry. Applicants are also eligible to extend their initial open work permit issued under the Hong Kong open work permit public policy for another 3 years.
For in-Canada work permit extension applications, a copy of the CV or resume is not required.
Work permit issuance in GCMS
The work permit will be issued under the authority of paragraph R200(1)(c) and will be coded as shown below.
| 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 |
| Fee exemption codes |
|
Spouses or common-law partners and dependent children
An open work permit may be issued, under LMIA exemption code R01, for overseas applications, and R02 for applications submitted from within Canada, to the spouse, common-law partner, or dependent children if the principal applicant is approved for a work permit under the public policy. Dependent children who have reached the age of majority (that is, 18 years of age and older) are also eligible to apply for an open work permit.
Family members applying for an open work permit under the Hong Kong open work permit public policy are also exempt from paying the open work permit holder fee ($100).
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.