Individuals with expired PGWPs can now apply for a new open work permit, according to new rules for work permits in Canada for 2023.
The guidelines for renewing or obtaining a new open work permit in Canada for holders of various Post-Graduation Work Permits (PGWPs) have been released – IRCC new pathway update.
New Rules for work Permit in Canada
Immigration Minister Sean Fraser first announced this unusual step in April. Last week, the minister said the delay in issuing the new guidelines was due to a technical problem.
If your PGWP expires between Sept. 20, 2021, and Dec. 31, 2023, the requirements apply to you. PGWPs are often unique situations. Graduates of qualified full-time international student programs can obtain an open work permit for up to 3 years. The new update, on the other hand, allows qualified PGWP holders to renew their work permits or apply for a new open work permit for an additional 18 months.
According to the IRCC, you cannot apply for this work permit at a port of entry. By December 31, 2023, all work permit applications under this public policy must be submitted electronically.
Those already in Canada will be allowed to work throughout the time it takes to renew or replace their work visa.
A number of candidates will be affected differently by these changes. (IRCC) provides the following examples:
Your passport is still valid through April 2024, your address is current, and your PGWP expires between October 2 and December 31, 2023.
You need not take any action. Do not respond to an IRCC email requesting confirmation of your mailing address. A new work permit will be granted and mailed to your address by the middle of October.
Your PGWP will expire on October 2, 2023, but you must update your residence and/or passport eligibility.
The IRCC will email you to verify your mailing address. Follow the directions in the email to inform IRCC that your mailing address has changed.
If IRCC is unable to renew your work visa by 18 months due to the validity of your passport, you will not get this first e-mail, but you will receive a further e-mail in September.
In September, you will get an email with guidelines on how to update your mailing address and passport info in your online account if you need to. You will have two weeks to accomplish this. If you change this information, a new work permit will be mailed to you by mid-November.
Check the expiration date of your passport and submit an extension request if it will expire before April 2, 2024. If you submitted a paper application for the PGWP, your entry must be attached to your online account.
Your PGWP is valid from October 2, 2023, through December 31, 2023; however, your address and passport’s expiration date cannot be changed.
Your work permit extension must be requested online. You could either wait to apply until your passport has been renewed, or you could get a work permit that is valid until your passport expiration date.
Your PGWP is set to expire between October 2, 2023, and December 31, 2023, but IRCC has made no attempt to get in touch with you.
If you do not receive emails from IRCC by the middle of September, you are ineligible to have your work permit extended through this special process for yet another reason, such as new information regarding your eligibility to Canada that requires additional consideration. You may still apply for an extension of your work permit online.
Your PGWP expired on September 20, 2021, or will expire on October 1, 2023.
According to IRCC, you must apply for a work permit online. On August 2, 2023, applications will be accepted. If you are already in Canada and your temporary status has expired, you must apply to have your status restored at the same time. You may reinstate your status under these exceptional measures even though it expired more than 90 days ago.
If you have left Canada and intend to return after being granted, you may apply from abroad.
Applicants can work in the interim
PGWP holders whose papers have expired or will expire between September 20, 2021, and December 31, 2023, will get email alerts from IRCC. They are permitted to work in Canada temporarily, according to the email.
To prove to their employer that they have permission to work in Canada, those who get the email may attach it to their PGWP. In order to guarantee that persons qualified for the extra 18-month work term may continue working or enter the workforce while they submit an application for a new work permit, this one-time measure has been put in place. According to the IRCC, this transitional work phase will last through May 31, 2023.
IRCC points out that the recipient is only permitted to deal with this email message. If the person’s status has already expired, it does not reinstate their valid temporary resident status. It is meant to make sure persons whose PGWPs have expired or are about to expire may continue to work while they wait for an updated or new open work permit. If you are out of status, you must apply to get back into status together with your new work permit application. Even though it has been more than 90 days since your status expired, you are still able to apply for restoration provided you meet the requirements.
It is possible to return to Canada and be permitted to work if you are outside of Canada and hold a valid temporary residence visa. However, you cannot enter Canada with just the email notification of your temporary work permission.
Work permits for applicants to the TR to PR pathways
An open work permit may also be applied for by candidates who are a member of the Temporary Resident to Permanent Resident (TR2toPR) pathways and whose permanent residency application has not yet been approved. By taking this precaution, TR2PR candidates may continue to work while they await a judgment on their application for permanent residence.
According to IRCC, “Those requesting for an open work permit may now get one with an end-date of December 31, 2024, if their passport is valid until that date.” This is because it is anticipated that processing TR to PR applications may take some time.
The immigration administration also said that this mechanism had already granted an open work permit to around 2,500 TR to PR applicants. Owners of these work permits, which expire on December 31, 2023, will shortly get an email informing them that they could be eligible to extend the validity of their work permit.
These employees do not need to take any action if they still reside in Canada and have an updated postal address. They may get a revised work permit in the mail with a December 31, 2024, expiration date. According to the IRCC, they ought to have it by mid-October.
This email will not be sent to applicants whose passports expire before December 31, 2024, and they will not be qualified to use the special provision to extend their present work permits. They may still apply for and get a longer work permit, either by doing so before their current work permit expires or after they have renewed their passport.
The person will no longer qualify for the special measure if they need to update their postal address or if they choose not to get one via this method. To apply, they must do it online.
Why is the announcement important?
The primary goal of the policy is to provide relief for Canadian Experience Class (CEC) applicants who have been unable to submit an Express Entry application after September 2021.
In an attempt to reduce the backlog of immigration applications, Immigration, Refugees and Citizenship Canada (IRCC) suspended draws for these applicants—many of whom are PGWP holders—after the previous CEC-only draw on September 21.
The line of applicants had become so long that the IRCC was unable to handle them all within the required six months. As of July 6, Express Entry draws are once again open to all applicants. The IRCC invited a total of 1,164 CEC applicants in July after completing a second all-program draw on July 20.
A PGWP holder may often qualify for a Bridging Open Work Permit (BOWP) if they reply to an ITA for permanent residence in case their work permit expires before IRCC reaches a decision on their filing. While their PR application is being processed, immigrants are permitted to remain in Canada following the expiration of their PGWP or other temporary work permit under the BOWP.
The applicant may take advantage of maintained status if the PGWP expires while the BOWP is being processed. It’s crucial to understand that maintained status only applies if you’re requesting another temporary residence status while being a temporary resident. The BOWP is required since it does not apply when a person changes from a temporary resident to a permanent resident.
In order to provide temporary residents greater permanent residence options, IRCC is presently developing a proposal. According to studies, immigrants with prior Canadian work experience often do better on the job market in the first few years after arriving.
In addition to being a point on the minister’s letter of mandate, Fraser has been given a deadline to come up with anything thanks to a resolution introduced by Randeep Sarai, the British Columbia representative for Surrey Centre. The minister has 120 days starting on May 11 to create and publish a plan to enable more temporary residents to become permanent residents.