Canada facilitates work permits through provincial nomination

This year 2024, Immigration, Refugees and Citizenship Canada (IRCC) has introduced a temporary public policy aimed at supporting Provincial Nominee Program (PNP) candidates already living in Canada, and while there have been immigration changes and restrictions for many foreign nationals over the past year, IRCC is also supporting temporary residents to become permanent residents in order to meet the needs of the country's labour market. 

Today, on the Immiland Canada Blog, I bring you important details of this policy that opens a facilitated and accessible path to open work permit for eligible foreign nationals, which favours a more feasible transition to permanent residency. Let's get started!

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Who benefits from this public policy?

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The policy targets skilled workers who have demonstrated their economic potential and community involvement during their time as temporary residents. By allowing these individuals to continue working while awaiting the outcome of their Provincial Nominee Program (PNP) applications, the policy seeks to retain talent and address critical labour shortages in the provinces and territories, which favors these temporary residents.

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What does this public policy consist of?

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The content of this policy is based on the following key aspects:

1. Eligibility requirements: Public policy allows certain foreign nationals to receive exemptions from specific regulatory requirements if they meet the following conditions:

• Are holders of a valid work permit: in addition to this valid permit, they submitted an application for a new work permit. These holders must provide a letter of support from their province or territory confirming their placement in an Expression of Interest group or in the PNP application inventory process, along with a letter of employment from their current employer.
• Are holders of an expired work permit: in this case, if the work permits expired on or after May 7, 2024, they must apply for a new work permit and an extension of their authorization to remain as a temporary resident or restoration of their status. They must also provide a letter of support and confirmation of employment.
• Have pending work permit extensions: aliens authorized to work under paragraph 186(u) of the Regulations on May 7, 2024, and whose work permit extension application is pending or has been approved, are also eligible if they submit a new work permit petition and the necessary supporting documentation.

2. Exemptions: The policy grants exemptions from various regulatory requirements including:

• Paragraph 200(1)(c) of the Regulations, which establishes the eligibility requirements for work permits.
• Restoration requirements under section 182, particularly the 90-day limit and compliance with conditions precedent.
• Provisions preventing work permits for persons who have worked without authorization or who have not complied with previous permit conditions.

3. Validity and expiration: The policy becomes effective immediately upon signature and applies to all eligible applications received thereafter. It will remain in effect until December 31, 2024, unless revoked earlier.

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In what scenarios does this public policy have an effect?

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Below are some hypothetical cases or scenarios that may occur in the reality of many temporary residents of Canada. Read and compare each case with your particular situation:

Scenario 1: Active Ontario work permit holder

• Situation: Maria, an IT professional, has a valid work permit that expires in November 2024. She has been nominated under the Ontario NPP and has received a letter of support confirming her placement in the province's Expression of Interest group.
• Recommendation: Maria should apply for a new work permit under the temporary public policy, including her letter of support and a confirmation of employment from her current employer. This will allow her to continue working in Ontario while her PNP application is being processed.

Scenario 2: Expired British Columbia work permit holder

• Situation: Juan's work permit expired on May 10, 2024, and he is currently without status in Canada. Juan is a nominated engineer under the BC PNP and has a letter of support from the provincial authorities.
• Recommendation: Juan should apply for a new work permit and restoration of his status as a temporary resident. He should also include his letter of support and confirmation of employment in his application to benefit from regulatory exemptions.

Scenario 3: Pending extension in Alberta

• Situation: Laura is a health care worker whose work permit extension application is still pending. She has been placed in the Alberta Expression of Interest group and has a letter of support from the province.
• Recommendation: Laura should apply for a new work permit under the temporary policy and include her letter of support and proof of employment. This approach ensures that she remains employed while awaiting a decision on her permanent residency.

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Important: in Canadian immigration, each case is unique and depends on the labour dynamics of the province, it is advisable to go to a Canadian lawyer to review your case and can guide you or represent you in front of your employer. At Immiland, we can advise you on your LMIA process and more. 

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Immiland Canada Recommendations

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For foreign workers in this group, we have compiled a series of steps and recommendations in order to achieve an effective change of status:

1. Secure provincial support: i.e., take care to obtain a letter of support from your province or territory. This letter is crucial to demonstrate that you have been identified as a candidate of interest to the NPP and are eligible for public policy exemptions.
2. Maintain your employment: a continuous employment relationship with a Canadian employer is essential to access the benefits of this policy. To do so, you must keep your employment documentation up to date and available for your application.
3. Apply for reinstatement on time: If your work permit has expired, apply for reinstatement of your status in a timely manner to avoid complications. Make sure your application is complete, as failure to comply with the requirements may result in delays or rejections.
4. Stay informed about expiration dates: the temporary policy expires on December 31, 2024 and may be revoked without notice. Keep track of the status of your application and adjust your plans so as not to compromise your eligibility to work.

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That's as far as I'll keep you company for today. Thank you for reading. I hope this information has been useful to you and that you can take advantage of this temporary public policy to become permanent residents of Canada through the PNP.

Important: each Canadian province has its own programs to grant permanent residence, if you wish to know if you are eligible to benefit from this public policy, you can request an immigration consultation with Immiland Canada.

If you liked this topic, please share your feedback at the bottom of the blog - see you soon!

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With love,

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Immiland Canada