As per new public policy under section 25.2 of the Immigration and Refugee Protection Act allows eligible foreign nationals with job offers, valid or recently expired work permits, and a support letter from their province or territory to receive an open work permit. The policy aims to provide exemptions from certain regulatory requirements for those who meet the specified conditions.

Eligibility requirements

Delegated officers may grant foreign nationals an exemption from the specified Regulations if they meet the following conditions, based on public policy considerations.

1.The foreign national must

1. Hold a valid work permit.
2. Have submitted a new work permit application under section 200 of the Regulations.
3. Provide a support letter with the application, issued by the Provincial or Territorial authority where they reside. This authority must have signed a letter of intent with IRCC to support facilitation under this policy and confirm that the foreign national has been screened and placed in an Expression of Interest pool or is in the application inventory process for the Provincial Nominee Program.
4. Include a letter of employment from their current employer.

OR

2.The foreign national must:

1. Have held a valid work permit on May 7, 2024, which has since expired.
2. Have submitted an application for a new work permit under section 200 of the Regulations, and either an extension of their temporary resident status under section 181 or a restoration of their status under section 182.
3. Include a support letter with the application from the Provincial or Territorial authority where they reside, confirming that the authority has signed a letter of intent with IRCC to support this policy. The letter must state that the foreign national has been screened and placed in an Expression of Interest pool or is in the Provincial or Territorial authority’s application inventory process for the Provincial Nominee Program.
4. Include a letter of employment from their current employer.

OR

3.The foreign national must:

1. Have been authorized to work under paragraph 186(u) of the Regulations on May 7, 2024, with their work permit extension application either pending or approved.
2. Have submitted an application for a new work permit under section 200 of the Regulations and an extension of their temporary resident status under section 181.
3. Include a support letter with the application from the Provincial or Territorial authority where they reside, confirming that the authority has signed a letter of intent with IRCC to support this policy. The letter must state that the foreign national has been screened and placed in an Expression of Interest pool or is in the Provincial or Territorial authority’s application inventory process for the Provincial Nominee Program.
4. Include a letter of employment from their current employer.

Provisions of the Regulations for Which an Exemption May Be Granted:

For foreign nationals who meet the conditions listed in 1 and 3:

• Paragraph 200(1)(c): Eligibility requirements for issuing a work permit under existing pathways.

For foreign nationals who meet the conditions listed in 2:

• Section 182: Requirement for a visitor, worker, or student to apply for restoration within 90 days after losing temporary resident status.
• Section 182: Requirement for a visitor, worker, or student to have complied with any other conditions imposed.
• Paragraph 200(1)(c): Eligibility requirements for issuing a work permit under existing pathways.
• Paragraph 200(3)(e): Requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with previous permit conditions.

Expiry of Policy

This public policy will expire on December 31, 2024, and may be revoked at any time without prior notice.

Source

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