IRCC Extends Open Work Permit Policy for TR to PR Pathway Applicants
Table of Contents:
- Introduction
- Overview of the TR to PR Pathway
- Extension of Open Work Permit Policy
- Eligibility Criteria for TR to PR Applicants
- Eligibility Criteria for Family Members
- Important Considerations and Exceptions
- Conclusion
1. Introduction
In a recent announcement, Immigration, Refugees and Citizenship Canada (IRCC) extended its temporary public policy that allows applicants in the Temporary Resident to Permanent Resident (TR to PR) pathway to receive longer open work permits (OWPs) while their applications are being processed. This decision also includes family members of the principal applicants, including spouses, common-law partners, and dependent children, who will now also be eligible for open work permits.
The temporary public policy, which was initially introduced to support foreign workers in essential occupations, health services, and recent Canadian graduates, has been extended until December 31, 2026, providing relief and greater certainty to applicants and their families.
2. Overview of the TR to PR Pathway
The TR to PR pathway, which was first launched in 2021, allowed foreign nationals with work experience in essential occupations or who were graduates of Canadian post-secondary institutions to apply for permanent residency (PR) in Canada. This pathway aimed to help fill labor shortages in crucial sectors by fast-tracking the PR process for workers who had been living and working in Canada.
Although the TR to PR pathway closed in 2021, applicants who had already submitted their applications are still able to benefit from the extended OWP policy.
3. Extension of Open Work Permit Policy
Under the extended policy, applicants who are currently in the process of applying for permanent residence through the TR to PR pathway can apply for additional open work permits (OWPs). This move is expected to alleviate the pressure on workers whose PR applications are still being processed while ensuring they can continue contributing to Canada’s economy.
The policy also benefits the family members of the principal applicants, including spouses and dependent children. The eligibility to apply for an OWP will remain in place for these family members until the end of 2026.
4. Eligibility Criteria for TR to PR Applicants
To qualify for an open work permit under the extended policy, principal applicants must meet the following criteria:
- Have maintained temporary resident status in Canada, or be eligible to restore it.
- Hold a work permit with less than four months of validity remaining at the time of application.
- Have submitted an online application for an OWP through the IRCC secure account.
- Provide confirmation from IRCC that their permanent residence application has been acknowledged (Acknowledgement of Receipt – AOR) and is within the allowable cap for their selected public policy.
- Provide valid language test results and proof of authorized work.
Applicants must also meet the specific language requirements, which vary based on their occupation and the type of pathway they are applying under. For example, workers in essential occupations or health services need a Canadian Language Benchmark (CLB) level 4, while international graduates require a CLB level 5.
5. Eligibility Criteria for Family Members
Family members of principal applicants, such as spouses, common-law partners, and dependent children, are also eligible to apply for an open work permit under this extended policy. The following conditions apply to family members:
- They must be in Canada when submitting their work permit application.
- They must be genuine family members, including a spouse, common-law partner, or dependent child (under 22 years of age).
- Family members must have been included as part of the principal applicant’s PR application.
- They must have valid temporary resident status or be eligible to restore their status.
6. Important Considerations and Exceptions
There are a few key considerations and exceptions that applicants should be aware of when applying for the extended OWP:
- Family members of applicants who have had their PR applications rejected will not be eligible for the OWP under this policy.
- Applicants need to pay the work permit processing fee but are not required to pay the additional open work permit holder fee typically associated with OWP applications.
- The IRCC reserves the right to refuse work permit applications for any family member if the principal applicant’s PR application has been withdrawn or rejected.
7. Conclusion
The extension of the open work permit policy under the TR to PR pathway provides significant support to foreign workers and their families while their permanent residency applications are processed. It ensures that applicants can continue working in Canada and contributing to the workforce while awaiting their PR status.
By extending this policy until December 31, 2026, the IRCC demonstrates its commitment to providing support to temporary residents on their path to permanent residency, offering greater stability and opportunities for individuals who have already contributed to the Canadian economy.
Applicants and their families must ensure that they meet all eligibility criteria and submit their applications according to the specified process to benefit from the extended work permits. This move is expected to streamline the immigration process and provide peace of mind to those still awaiting permanent residency under the TR to PR pathway.
For a free consultation about your work permit and student permit options, reach out to the CAD IMMIGRATION today!
