Work Permit Restrictions Relaxed for Some Federal Applicants

A new rule change will allow some applicants for Canadian permanent residency to be considered for a ‘bridging open work permit’ if their current work permit is set to expire.

This change is effective as of December 15, 2012. It applies to those individuals who have submitted an application for Permanent Residency under the Federal Skilled Worker Program, Canadian Experience Class, a Provincial Nominee Program, or the Federal Skilled Trades Program.

Many applicants to these programs are already working in Canada on a temporary basis. Sometimes, their temporary resident status will expire before they receive a decision on their permanent residency applications. Before this rule change, individuals in this position would have to apply for a Labour Market Opinion and/or other necessary temporary work authorization or leave Canada until a decision is reached on their Permanent Residency application. These additional work permit requests added extra work to government offices and potentially put foreign workers in difficult situations with regards to their work and life in Canada.

Applicants who meet eligibility requirements will now be able to apply for an open work permit. This permit allows the holder to work, on a temporary basis, for any Canadian employer. Eligibility requirements are as follows:

The foreign national is currently in Canada;
They have valid status on a work permit that is due to expire within 4 months;
They have received a positive eligibility decision on their Permanent Residency application under one of the Economic Class programs mentioned above;
They have made an application for an open work permit