Public policy: Open work permits for applicants under the temporary resident to permanent resident pathway

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Temporary public policies were announced on April 14, 2021 and launched on May 6, 2021 that aim to transition foreign nationals already living and working in Canada to permanent residence. Eligible applicants must be in Canada and authorized to work at the time of application for permanent residence and must be physically present in Canada when the PR application is approved.

A temporary public policy has been issued to provide exemptions from certain requirements of the Immigration and Refugee Protection Regulations (IRPR) to facilitate the issuance of open work permits to eligible individuals in Canada. Eligible family members may also apply for an open work permit.

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Policy objectives

This public policy facilitates the issuance of open work permits to eligible foreign nationals in Canada who submitted an application for permanent residence under one of the streams created by the Temporary Resident to Permanent Resident Pathway public policy which came into effect on May 6, 2021. It also authorizes eligible family members to apply for an open work permit.

Eligibility requirements for principal applicants

Foreign nationals must meet the following criteria:

Note: Applicants whose work permit is valid for longer than 4 months should follow the Public policy on exemptions to work permit conditions when changing employment instructions to submit their application, and the officer should follow these instructions for processing.

Documentary evidence

Proof of receipt of IRCC confirmation email

Principal applicants must provide a copy of the confirmation email stating that IRCC has received their application and that it is within any capped volume.

This is a system-generated email that is sent to online applicants. The email reads as follows:

This is an automated message. Do not reply to this email.

Hello,

This email confirms that you have successfully submitted your permanent residence application.

We’ll review your application to make sure you

  • provided all of the information we asked for
  • uploaded all required documents correctly
  • paid the fees

We’ll send you a confirmation email (an acknowledgement of receipt or AOR) once an agent starts reviewing your application.

  • It can take some time before you receive the AOR.
  • Check your email regularly to see if you’ve received it.

Thank you,

Immigration, Refugees and Citizenship Canada


Proof of language test results

The applicant must have language test results from a designated provider listed below that show the applicant meets the minimum language level in each of the 4 language skill areas for the stream to which they are applying, for either

English providers

French providers

The date of the test results should be within 2 years but prior to permanent residence application submission.

The minimum language requirements for each stream are as follows:

Stream Minimum language requirement
Workers in Canada: Health care and Workers in Canada: Essential non-health care CLB/NCLC 4 (in either English or French)
International graduates from a Canadian institution CLB/NCLC 5 (in either English or French)
French-speaking workers in Canada: Health care and French-speaking workers in Canada: Essential non-health care NCLC 4 (must be in French)
French-speaking international graduates from a Canadian institution NCLC 5 (must be in French)

See the language requirements  section for information on providing evidence of language proficiency.

The applicant must submit this proof using the “Client Information” slot in the electronic application.

Proof of authorized work

The foreign national must submit the following 2 pieces of evidence to show that, at the time the application for permanent residence was submitted, they were legally employed in Canada:

The applicant must submit this proof using the “Client Information” slot in the online application.

Processing open work permit applications

Officers should use a work permit expiry date of December 31, 2022. This is the date by which the department expects to process all permanent residence applications received under the new pathways. The expiry of the public policy has also been aligned with that date.

Open work permit applications will be processed by the Centralized Network (CN).

The CN will perform the following tasks:

Note: Not all mandatory documents are requested in the online document checklist. Applicants are given instructions on the IRCC website on how to identify the permanent residence stream they applied under and where to upload the supporting documentation when they apply online.

Officers should note that applicants are given specific instructions on how to complete the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]. These instructions can be found at Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway . They are instructed to input the following in the “Details of intended work in Canada” section:

Box 1: What type of work permit are you applying for?

Select “Open Work Permit”.

Box 4: “Job title” and “Brief description of duties”

Enter “TRPR pathway PP OWP” in the “Job title” box.

Enter the name of the permanent residence stream you applied under in the “Brief description of duties” box.

In general, these instructions also apply to family members who are eligible for this open work permit.

However, instead of putting the name of the permanent residence stream in the “Brief description of duties” box, they must enter the unique client identifier (UCI) of the principal applicant.

Officers should be aware that

Work permit issuance in the Global Case Management System (GCMS)

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

Field Selection or input
Case type 20
Special Program Code See Special program codes
Province of destination Open
City of destination Open
Exemption code

R01 (A25.2 Public policy)

This code should be entered manually

NOC

9999

This code should be entered manually

Intended occupation TRPR pathway PP OWP
LMIA/LMIA-exempt # N/A
Employer Open
Duration December 31, 2022, or until the expiry of the travel document, whichever is earlier.
Fee exemption code Open work permit holder fee: P03
User remarks (mandatory) TRPR pathway application pending decision

Fees

All foreign nationals applying for an open work permit under this public policy are required to pay the work permit processing fees, but are exempt from the requirement to pay the open work permit holder fee of $100 as work permit applicants under a public policy are not referenced in subsection R303.2(1). If this fee is paid in error, it must be refunded as per the processing office’s normal refund procedures.

Instructions for clients on how to respond to questions related to open work permit fee exemptions are available.

Special program codes

The special program codes that are used for the permanent residence applications can be manually entered by intake officers so that processing officers can easily identify the stream the applicant chooses to apply for. The codes and streams are as follows:

English code English stream name French code French stream name
CWE Workers in Canada: Stream B (essential non-healthcare) TCE Travailleurs au Canada : Volet B (essentiel excluant soins de santé)
IGR International Graduates DET Diplômés étrangers
SAH Workers in Canada: Stream A (healthcare) EAS Travailleurs au Canada : Soins de santé
CWEF French-speaking Workers in-Canada: Stream B (essential, non-healthcare) TCEF Travailleurs d’expression française au Canada : Volet B (essentiel excluant soins de santé) :
IGRF French-speaking International Graduates DETF Diplômés étrangers d’expression française
SAHF French-speaking Workers in-Canada: Stream A (healthcare) EASF Travailleurs d’expression française au Canada : Volet A (soins de santé)

Eligibility requirements for spouses, common-law partners and dependent children

To be eligible for an open work permit under this public policy, family members must

If the principal applicant is approved for a work permit under this public policy, an open work permit may also be issued to their spouse or common-law partner.

Dependent children 18 years of age and older are also eligible to apply for an open work permit under this public policy.

Minor children can apply for a study permit under existing study permit streams, or may study without one at the kindergarten to grade 12 level, if they are already in Canada and both parents are not visitors.

If the principal applicant is not eligible for an open work permit under the temporary resident to permanent resident pathway public policy, the processing officer will also refuse the work permit applications and any other temporary residence applications for family members and send a refusal letter to the applicants.

Open work permit issuance in the Global Case Management System (GCMS)

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

Field Selection or input
Case type 20
Province of destination Open
City of destination Open
Exemption code

R01 (A25.2 Public policy)

This code should be entered manually

NOC

9999

This code should be entered manually

Intended occupation TRPR pathway PP OWP
LMIA/LMIA-exempt # N/A
Employer name Open
Duration December 31, 2022, or until the expiry of the travel document, whichever is earlier.
Fee exemption code Open work permit holder fee: P03
User remarks (mandatory) TRPR pathway application pending decision: family member

What is a genuine relationship

As per section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership either

If officers have any concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.

Documentary evidence

With the application for a spouse’s or dependent child’s open work permit, the applicant should provide the following, in addition to the other supporting documents requested when submitting an online application:

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