Canadian Government establishes new measures for foreign nationals with expired or expiring post-graduation work permits and applicants to the temporary resident to permanent resident pathways
August 2, 2022—Ottawa, Ontario – The Government of Canada recognizes the tremendous social, cultural and economic benefits that international students bring to Canada. Canada’s diverse and inclusive society, high-quality educational institutions, and opportunities to work or immigrate after graduation have made Canada a leading destination of choice for students from around the world.
Immigration, Refugees and Citizenship Canada (IRCC) is implementing measures for former international students with expired or expiring post-graduation work permits, and for temporary resident to permanent resident pathway applicants. These measures are building off the announcement made earlier this year.
Open work permits for individuals with expired or expiring post-graduation work permits
Foreign nationals whose post-graduation work permit expired or will expire from September 20, 2021, to December 31, 2022, will have the opportunity to work in Canada for an additional 18 months by either extending their work permit or applying for a new one. Those currently in Canada will also have the ability to work in the interim period while their permit is being extended or a new one is being issued.
These measures will affect individual applicants in different ways.
- My post-graduation work permit expires from October 2, 2022, to December 31, 2022, my address is up to date, and my passport is valid through April 2024.You don’t need to do anything. When you receive an email from IRCC to confirm your mailing address, don’t respond. An updated work permit will be sent to your mailing address by mid-October.
- My post-graduation work permit expires from October 2, 2022, to December 31, 2022, but I need to update my address and/or passport validity.When you receive an email from IRCC to confirm your mailing address, follow the instructions in the email to let us know that your mailing address needs to be updated.If your passport validity doesn’t allow us to extend your work permit by 18 months, you will not receive this initial email, but you will receive a separate email in September.If you need to update your mailing address or your passport information, you will receive instructions by email in September on how to update your mailing address and passport validity in your online account. You will get a 2-week window to do so. If you update this information, you will receive an updated work permit in the mail by mid-November.To ensure you will be able to benefit, check your passport validity and apply to extend it if it expires before April 2, 2024. If you applied for your post-graduation work permit using a paper application, make sure you have linked your application to your online account.
- My post-graduation work permit expires from October 2, 2022, to December 31, 2022, but I won’t be able to update my address or passport validity.You will need to apply online to extend your work permit. You could receive a work permit extended to your passport expiration date or you could wait to apply until you have renewed your passport.
- My post-graduation work permit expires from October 2, 2022, to December 31, 2022, but IRCC didn’t contact me.If you do not receive an email from IRCC by mid-September, you are not eligible to have your work permit extended through this special process for another reason, such as information has been added to your file about your admissibility to Canada that will need further review. You may still apply online to extend your work permit.
- My post-graduation work permit expired or will expire from September 20, 2021, to October 1, 2022.You will need to apply online for a work permit. Applications open on August 2, 2022. If you are in Canada and your temporary status has also expired, you must apply to restore your status at the same time. Under these special measures, you are allowed to restore your status, even if it expired more than 90 days ago.You are eligible to apply from abroad if you have left Canada and return after you have been approved.Note: You may not apply for this work permit at a port of entry. All work permit applications for this public policy must be submitted online by December 31, 2022.
Ability to work in the interim
Starting August 8, 2022, individuals with post-graduation work permits that have expired or will expire from September 20, 2021, to December 31, 2022, will receive an email indicating that they are allowed to work in the interim. Recipients can attach this email to their post-graduation work permit to show an employer they are authorized to work temporarily in Canada. This one-time measure is intended to ensure that those eligible for the additional 18-month work period can remain working or can return to the workforce while they apply for a new work permit. This interim work period will be in effect until May 31, 2023.
Note: This email notice only allows the individual to work, it does not restore legal temporary resident status if the person’s status has expired. It is intended to ensure those with expired and expiring post-graduation work permits can work while they wait for an updated or new open work permit. If an individual is out of status, they must apply to restore their status at the same time that they apply for a new work permit. Eligible applicants may apply for restoration even if it has been more than 90 days since their status expired.
If you have a valid temporary resident visa, but are currently outside Canada, it is possible to come back to Canada and be authorized to work. However, the interim work authorization email notice can’t, by itself, be used to return to Canada.
Work permits for applicants to the temporary resident to permanent resident pathways
Applicants who are part of the temporary resident to permanent resident (TR to PR) pathways, and whose permanent residence application has not yet been finalized, are eligible to apply for an open work permit. This ensures they won’t lose their status or ability to work while they wait for their permanent residence application to be finalized.
Recognizing that the processing of TR to PR applications will continue for some time, those applying for an open work permit can now receive one with an end-date of December 31, 2024, provided their passport is valid through that date.
About 2,500 TR to PR applicants already applied for and received an open work permit through this measure that have an end date of December 31, 2022.
These individuals will soon begin receiving an email telling them that they may be able to get their work permit updated with a longer validity date. If their mailing address is up to date and they are still in Canada, they do not have to do anything. An updated work permit with a validity date of December 31, 2024, will be mailed to them. They should receive it by mid-October.
Applicants with passports that expire before December 31, 2024, will not receive this email and will not be eligible to change the length of their current work permit through the special measure. They are still eligible to apply and seek a longer work permit, either by applying to get a work permit to match the day their passport expires or applying after they have updated their passport.
If the individual needs to update their mailing address, or if they opt out of receiving an open work permit through this process, they will no longer be eligible for the special measure. They will need to apply online.
Information Source: Canadian Government
Información traducida y recopilada para:
Explore I.D.E.A.S. Immigration & Education Corp.
Ivonne Navas, RCIC/ Consultora Regulada de Inmigración/ Representante autorizado por el gobierno Canadiense.
Miembro de The College of Immigration and Citizenship Consultants. Membership # R517820
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