Canada has recently laid out instructions for specific Post-Graduation Work Permit holders to apply for a new Open Work Permit or extend the current one.
Sean Fraser had talked about a new measure initially in April. However, the immigration minister announced that there was a technical glitch causing the delay in its implementation. Due to this further instructions could not be laid out.
Suppose your PGWP expires between September 20, 2021, to December 31, 2022. International graduates under full-time study programs can achieve an open work permit for three years. The new measure will let the Post-Graduation Work Permit holders apply for a fresh open work permit and also provide them to further extend the current one for another 18 months.
According to IRCC, applying for a fresh work permit at an entry port won’t be possible. The applicants must submit their Work Permit applications online by December 31, 2022.
The individuals who are currently employed in Canada will also get permission to keep working during the waiting period, while they receive a new work permit or get an extended one.
The new measures are likely to impact applicants in separate ways. IRCC puts the following examples forward:
PGWP expiry dates from October 2, 2022, to December 31, 2022 (Updated address and valid passport for April 2024)
In this scenario, you won’t have to take any action. You don’t have to respond to the address confirmation email by IRCC. You will receive an updated work permit at your mailing address by the middle of October.
PGWP expiry dates from October 2, 2022, to December 31, 2022 (Non-updated address or passport validity)
Respond to the email you receive from IRCC for the address update by simply following the instructions provided by it.
If your work permit’s extension is paused due to the passport validity issue, you will receive another email in September for the same.
If you’re seeking to update your latest passport and address details, you will receive information on how to update the details for both cases in September. You will learn about updating them in your online account. Once you update the required details, you will receive the updated work permit in November via mail.
If your work permit is likely to expire before April 2, 2024, you must apply for its extension, provided you also check your passport validity. If you applied for the work permit through a paper application, you must link it to your online account.
PGWP expiry dates from October 2, 2022, to December 31, 2022 (Unable to update the passport validity or address details)
For your work permit extension, you will have to apply online. It is possible to get your work permit extension aligned with your passport expiry date. You can also apply later after your passport renewal.
PGWP expiry dates from October 2, 2022, to December 31, 2022 (No contact from IRCC)
In case you fail to receive an email from IRCC by the middle of September, you are ineligible for a work permit extension through this process. The reason could be something different, it could be that the information concerning your admissibility in Canada needs further reviewing. However, you could still apply online for your work permit extension.
PGWP expiry dates from September 20, 2021, to October 1, 2022 (already expired or soon to expire)
Applications will be open from August 2 onwards and the applicants will have to apply online. Suppose, you currently reside in Canada and even if your temporary status has reached its expiry, you must renew your status for that point in time. As per the special measures, you won’t be able to renew your status if it expires 90 days before. You could choose to apply from outside Canada if you happen to leave the country and return after being approved.
Applicants can continue working during interim
PGWP holders with expiring documents from September 20, 2021, to December312022, will be receiving notices via email from IRCC. The email will inform them about the possibility of working during the interim.
The candidates can attach the email from IRCC with their PGWP application to demonstrate before their employer that they have permission to work in Canada. The introduction of the new measure is a way to make sure that eligible candidates with an additional 18-month period have a chance to continue working in Canada while they apply for a fresh open work permit. According to IRCC, the interim work period will remain valid up to May 31, 2023.
IRCC has further stated that the email notice will only ensure that the candidates get to work, they are not liable for the restoration of any expired temporary status. The only intention is to assure individuals keep working while they wait for their new open work permit. If an individual’s status has also expired, he must apply to renew the status while applying for the work permit itself.
Ensuring your eligibility, you may submit a restoration application post 90 days expiry. Suppose you’re living outside Canada, and holding a temporary resident visa, you could come back to the country and achieve the authorization to work. The work authorization email for the interim period can’t be used to come back to the country.
TR2PR work permit applicants
Suppose a Temporary Resident to Permanent Resident applicants who have not been able to get their permanent residence applications finalized will also have the chance to apply for an open work permit.
The new measure will help TR2PR applicants to continue working while they get a final decision on their permanent resident application.
IRCC states that the TR2PR applications will have the processing continued for some more time. Meanwhile, those seeking an open work permit will be receiving it toward the end date of December 31, 2024, with a valid passport during that period.
The immigration department even revealed that over 2,500 TR2PR applicants have already received open work permits through this newly introduced measure.
The end date of these work permits is said to be December 31, 2022. The applicants will soon receive emails notifying them that they can have their work permit updated with longer validity date.
If the workers already have their mailing address refreshed while they are present in Canada, they don’t need to act. They will receive their updated work permit, with 31st December 2024 being their new validity date. They will get this through the mail by mid-October.
Applicants having passports expiring before December 31, 2024, will not receive the email notice and will not be permitted to change the current work permit’s length under the special measure. However, they can apply for a work permit by applying for a work permit that directly matches their passport’s expiry. They could even apply after updating their passport.
An individual seeking to update the mailing address, or planning to back out from receiving one, then they will become ineligible for the special measure. They will have to opt for an online application.
Significance of the announcement
The measure was introduced to compensate for the CEC candidates who could not apply through Express Entry since the pause of September 2021. IRCC discontinued the all-program draws and most of the applicants were usually PGWP holders only. IRCC had to discontinue the draws because the department found it rather difficult to process the applications within the six-month timeframe. However, the draws returned to normal on July 6. The second draw witnessed 1,164 CEC candidates receiving invites on July 20.
When a PGWP holder replies to permanent residence ITA, he gains eligibility for a Bridging Open Work Permit (BOWP), after their work permit’s expiry or while they get to hear the IRCCs decision.
BOWP permits applicants to continue staying in Canada after their PGWP or temporary work permit’s expiry while their PR application is under process.
A candidate can also access the maintained status in case his PGWP expires while the BOWP is under process. Maintained status is only applicable to those applying for another temporary status as a temporary resident. This maintained status doesn’t apply to the TR2PR candidates, and this is the reason why BOWP is required.
IRCC plans to take initiatives for temporary residents with more permanent residence pathways. According to research, it is seen that immigrants having considerable experience in Canada tend to accomplish better compared to others in the labor market, initially after their arrival.
Randeep Sarai, Surrey Centre’s parliament member, has already given an ultimatum to Sean Fraser to come up with new measures. May 11 onwards, Fraser has only 120 days to get a strategy aligned for more temporary residents to become permanent residents.
Fraser stated that it is only after some time he will be able to give an overview of the pathways. He even claimed it is a huge opportunity for the country.
