Preet GillOn May 6, 2021, Immigration, Refugees, and Citizenship (“IRCC”) launched the Temporary Residence to Permanent Residence Pathway (“TR to PR”) for essential workers and international students in Canada. On July 26, 2021, IRCC broadened the benefits of this pathway. Candidates can now apply for a coveted open work permit while their temporary residence status is still in place (until a decision is made on their permanent residence application). This open work permit allows those who are awaiting a decision on their application to extend or remain in status during this transitional period.
“Our new path to permanent residence for 90,000 essential workers and international graduates is a major step forward—the size, speed, and scope of which is unprecedented. This new open work permit ensures that those who have been playing critical roles throughout the pandemic can continue their extraordinary service. Our message to them is simple: your status may be temporary, but your contributions are lasting—and we want you to stay.” – The Honourable Marco E. L. Mendicino, P.C., M.P., Minister of Immigration, Refugees, and Citizenship – July 15, 2021.
IRCC has set out that to qualify for this one-time open work permit, principal applicants must meet the following 5 requirements:
- Must be currently living in Canada;
- Have submitted an application under one of the TR to PR pathways;
- Must have obtained one year of lawful work experience from within Canada at the time the application was submitted;
- Meet the minimum language proficiency requirements of the TR to PR stream they applied under at the time the permanent residence application was submitted; and
- Have valid temporary resident status, maintained status, or be eligible to restore their status.
Applicants who have valid status and meet the above requirements can apply for an open work permit under this new public policy. Those who currently have a valid work permit can apply up to 4 months prior to the expiration of their work permit.
As of July 26, 2021, IRCC has begun to accept applications under this new public policy. The policy guidelines set out that this is a one-time open work permit and will give temporary status to successful applicants until December 31, 2022. Eligible family members of applicants may also apply for an open work permit at any time if they are a spouse/common-law partner or a dependent child of a principal applicant.
IRCC is demonstrating continued support and appreciation for essential workers and international graduates who are currently in Canada. The introduction of this new open work permit ensures that individuals who have been actively contributing to Canadian society during the pandemic can continue to work in their essential roles and ultimately remain in Canada permanently as permanent residents.
