ARCHIVED – Public policy to issue an open work permit to certain post-graduation work permit (PGWP) holders – April 6 to December 31, 2023
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 instructions on this page should be reviewed in conjunction with:
A new temporary public policy came into effect on April 6, 2023, and will expire on December 31, 2023. Under this public policy, PGWP holders whose permit expired or will expire between September 20, 2021, and December 31, 2023, will be able to maintain or restore their legal status and obtain an open work permit while in Canada to support themselves and fill labour market needs in Canada.
All applications must be submitted on or before the public policy expiration of December 31, 2023.
On this page
- Policy objective
- Interim work authorization
- Eligibility
- Receipt of work permit application
- Documentary evidence
- Application assessment
- Final decision
Policy objective
This public policy will address the continued record-low unemployment rates and shortfall in available workers that employers indicate continues to be their biggest challenge. Facilitating access to open work permits may help employers fill those positions and help to prevent some workers from having to quit their jobs and leave the country.
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 within Canada for an open work permit and facilitate restoration of their status, if applicable
- who left Canada to apply for an open work permit from outside Canada
Interim work authorization
Interim work authorization (IWA) letters were sent on April 5, 2023, to PGWP holders whose permits expire between September 20, 2021, and December 31, 2023. The IWA authorizes holders to begin or continue working in Canada until May 31, 2024, while they apply for a new open work permit under the public policy and await a decision on the application.
The IWA does not confer temporary resident status. Therefore, if the IWA holder loses their temporary resident status, time spent working under an IWA without status does not count towards Canadian work experience for the purposes of transitioning to permanent residency or accessing provincial health care services.
Foreign nationals are responsible for holding and maintaining their temporary resident status. The IWA cannot be used to travel or obtain entry to Canada.
Eligibility
To be eligible under this public policy, the foreign national must meet the criteria below.
The foreign national:
- held or holds a PGWP with an expiry date between September 20, 2021, and December 31, 2023
- applied online for an open work permit between April 6, 2023, and December 31, 2023. Applicants can only apply on paper if they can’t apply online because of a disability or a problem with the online application.
- has requested both
- a maximum duration of 18 months
- consideration under this public policy
- has applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations, if applicable
Note: Applicants are exempt from the requirements of paragraphs A20(1)(b), A22(2), R182(1), R183(1)(b), R196, R199(a) to (i), R200(1)(b), R 200(1)(c), and R200(3)(e). This includes foreign nationals residing in Quebec.
Receipt of work permit application
Applications must be submitted online. Applicants can only apply on paper if they can’t apply online because of a disability or a problem with the online application.
Applicant instructions are found online on the following pages: Current and former post-graduation work permit holders: How to apply under a public policy if you’re in Canada or Current and former post-graduation work permit holders: How to apply under a public policy if you’re outside Canada
Documentary evidence
Officers should be satisfied that they have the following documentary evidence to make an assessment:
- an application for an open work permit received electronically between April 6, 2023, and December 31, 2023, unless exempt from the mandatory online submission
- a request for consideration under this public policy, including the duration of the work permit they are seeking (maximum of 18 months)
- a previous work permit with the LMIA-exemption code of C43 with an expiry date of between September 20, 2021, and December 31, 2023.
Application assessment
Officers must be satisfied that all eligibility criteria under the public policy and regulations are met at the time of decision on the work permit application.
Prohibitions
This public policy waives the requirement of paragraph R200(3)(e), which prohibits the issuance of a work permit where there has been unauthorized work or study. This paragraph is not waived if the applicant’s unauthorized work was for an employer described in section R196.1. Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements that are not exempted under this or any other public policy.
Restoring status
Eligible applicants who have lost their status between September 20, 2021, and December 31, 2023, must apply for an open work permit and for restoration of temporary resident status at the same time.
The 90-day restoration period is waived for eligible applicants under this public policy.
Final decision
Approval
The open work permit will be issued under the authority of A25.2 and R200.
In the Global Case Management System (GCMS), on the Application screen, officers should enter the information below in the specified fields:
| Field | Selection or input |
|---|---|
| Case type | 20 – open work permit |
| Province of destination | Unknown |
| City of destination | Unknown |
| Exemption code | R01 |
| NOC | 99999 |
| Intended occupation | 2023 PGWP PP Open |
| Duration | Maximum of 18 months from the date of approval or from the expiry date of the applicant’s PGWP if their PGWP is valid, without exceeding the validity of the applicant’s passport or biometrics If an open work permit is issued for less than the maximum length of 18 months because the applicant’s passport or biometrics is expiring within 18 months, the officer should include the following explanation in the “Notes” tab in the GCMS: “WP validity is less than 18 months due to the applicant’s passport or biometrics validity date.” |
| User remark (mandatory) |
Post-Graduation Work Permit Public Policy 2023 |
| Processing fees |
Open work permit holder fee EXEMPT – P03
|
| Biometrics |
If an applicant has not previously provided biometric enrollment or their enrollment expires in less than 18 months, a new enrollment is required. |
Refusals
If an officer is not satisfied that all the requirements of R200 are met, including the assessment under the public policy, they must record their reasons and outline the rationale underlying the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.
For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.
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