IRCC New Policy: Open Work Permit for Expression of Interest Applicants

Good news for applications with an EOI to Alberta, Manitoba and Yukon! Immigration, Refugees and Citizenship Canada (IRCC) has introduced a new policy to make it easier for foreign workers in Canada to obtain an open work permit (OWP). This policy applies to foreign workers who have submitted an Expression of Interest (EOI) to a Provincial Nominee Program (PNP). The policy is valid until December 31, 2024, and, if granted, the work permit can be valid for up to two years. Under this policy, foreign workers who are already working in Alberta, Manitoba, or Yukon must have signed a letter of intent with IRCC to be eligible to apply for an open work permit.

Who Can Apply?

To qualify for this open work permit, foreign nationals must either have a valid work permit, or have had one that expired after May 7, 2024, and have since applied for the restoration of their status. Alternatively, applicants whose work permit extension application is pending or has already been approved can also apply.

Applicants must provide a letter of employment from their current employer in a province or territory that has signed the letter of intent agreement with IRCC. They must also have received an OWP support letter from the provincial or territorial government, confirming their placement in the Expression of Interest (EOI) pool or another Provincial Nominee Program (PNP).

Status & Application Process

Applicants must remain in Canada to keep their temporary resident status or be in the process of restoring it at the time a decision is made under this new policy. If a foreign national leaves Canada at the time of the decision, they will lose their temporary resident status and will need to start the process over again. IRCC will confirm if the applicant has remained in Canada or returned before granting the OWP.

It is important to note that applicants must submit their applications online under this new OWP policy, as in-person applications at the Canadian border are not accepted.

Documents

Basic documents are required, such as passport ID page, digital photo- taken within 6 months, a support letter from a provincial or territorial government, a copy of their current or expired work permit, and a letter from their current employer. Additional documents will be required for this application, however the documents needed are determined on a case-by-case basis as all documents submitted pertain to the personal circumstances of the applicant.

Work Permit Validity & Fees

If granted by December 31, 2024, the open work permit can be valid for a maximum of two years or until the applicant’s passport expires, whichever comes first. The work permit cannot be extended beyond the two-year maximum validity period. The fees for the OWP application, as listed on the Government of Canada website, are:

• $155 for the work permit application
• $229 for restoration of status (if you need to restore your status as a worker, you will need to pay for the work permit in addition to the fees to restore your status)
• $85 for biometrics (if applicable)

Spouse and Dependent Children

If the applicant is approved for the work permit, their spouse or common-law partner can also apply for an open work permit. Additionally, dependent children in grades kindergarten to grade 12 may either apply for a study permit to come to Canada or attend school without a study permit if they are already living in Canada. Eligibility to apply for spouses and dependents will be assessed depending on your current employment in Canada.

You have until December 31, 2024, to apply for an OWP under this new public policy. If you have any questions or need help determining if you are in fact eligible to apply, please contact us.