Immigration, Refugees, and Citizenship Canada (IRCC) has extended its temporary public policy allowing applicants in the Temporary Resident to Permanent Resident (TR to PR) pathway to receive longer open work permits (OWPs) while their applications are in progress. This policy also extends the eligibility for spouses, common-law partners, and dependent children of principal PR applicants to apply for OWPs. The policy will now remain in effect until December 31, 2026.
Background on the TR to PR Pathway
The TR to PR pathway was a limited-time immigration program that allowed foreign workers with experience in essential occupations, healthcare professions, or recent graduates from Canadian post-secondary institutions to apply for permanent residency. This pathway was closed in 2021. However, applicants still in the PR application process can continue to benefit from the extended OWP policy.
Applicants who received an Acknowledgement of Receipt (AOR) from IRCC for their PR application, and who can provide valid language test results and proof of authorized work, can apply for an additional open work permit valid until the end of 2026.
Principal PR Applicants’ Basic Requirements
To be eligible for an open work permit under this policy, principal PR applicants must meet the following criteria:
- Temporary Resident Status: They require temporary resident status (including maintained status) or be qualify for reinstatement of temporary resident status.
- Work Permit Validity: If so, they must have a work permit that cannot be older than four months from the date of filing.
- Online OWP Application: An OWP application under this public policy requires them to apply online using their IRCC secure account.
- Public Policy Indication: To be eligible for the TR to PR in the framework of a specific PR public policy , applicants must state the particular PR public policy they applied under.
- Work Authorization & Language Requirements: Permanent residence applicants must have had valid work permit* at the time of application and meet minimum language* tests.
- Confirmation from IRCC: or they will need to have a written communication from IRCC that their PR application was received under the selected public policy and within the governing capacity for the mentioned policy or they have to provide an original letter from the Client Support Centre (CSC) for the paper application.
- No Withdrawal or Rejection: The applicant’s PR application must be one that cannot have been withdrawn or rejected before applying for the OWP; such application must still be in process.
Note on Legal Work Authorization: Examples of legal work authorization can be the following:
- A valid work permit
- Permits to work under a public policy
- Permission to work in terms of section R186 of the regulation.
Specific Language Requirements:
- For Health Care Workers and Essential Non-Health Care Workers in Canada: Specifically, participants must have a CLB/NCLC level 4 or above in English or French.
- For International Graduates from Canadian Institutions: FL-LC level 5 in English or French as a second language, CLB-NCLC level 5 in English or French.
- For French-Speaking Health Care and Essential Workers in Canada: NCLC level 4 in French.
- For French-Speaking International Graduates from Canadian Institutions: NCLC level 5 in French.
Instructions on temporary public policies under which applications may establish their eligibility under this extension policy are available from IRCC.
An applicant, who has applied for an OWP under this policy, is required to pay the fee charged for work permit processing, but there is no fee charged as the open work permit holder fee that accompanies most OWP applications.
Eligibility for Family Members to Receive an OWP
Family members of the principal applicant may also be eligible for an open work permit under this policy, provided they meet the following conditions:
Online OWP Application: A Family Member can only apply for an OWP through the internet using an IRCC secure account; the UCI of the Principal Applicant is required.
Residency Requirement: They need to be in Canada when they apply for a work permit.
Family Member Status: An applicant has genuine intention of THE principal applicant, which include:
- Spouse or common-law partner
- Dependent child * of the principal applicant if the child is under nineteen years of age and is unmarried or is a widow or widower, or if the child is twenty years of age or over and dependent on the principal applicant or spouse for financial support.
- First a dependent child is considered and then to this a dependent child is added
Included in PR Application: This family member must have been named in the principal applicant’s PR application as an accompanying family member.
Age Requirement: The applicant must also be 18 years of age or above when applying for the program.
Temporary Resident Status: The applicant and other members of the family must have a temporary resident status or be eligible for a restoration of the status while filing the application.
Definition of a Dependent Child: Dependent child is defined as a person, who meets the following conditions:
- Under 22 years of age, and
- Single or not in a conjugal partnership at present.
If the dependent is 22 years of age or older but was financially supported by the parent prior to the child reaching the age of 22 and is incapable of supporting themselves due to a mental or physical condition, then that child may be considered an over-age dependent.
Note: Since the principal applicant failed their PR application, IRCC will also decline all applications for work permit for members of the family.
For more information on the eligibility and how to apply please visit the official IRCC website.
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