Temporary Public Policy to Facilitate the Issuance of an Open Work Permit to Former or Current PGWP Holders

Note: This temporary public policy came into force on June 13, 2022. In order for applicants to be considered under this policy, their PGWPs must have expired or be expiring between September 20, 2021, and December 31, 2022. All applications must be submitted by December 31, 2022.

IRCC recognizes the effects on the Canadian labour market and on PGWP holders when the department paused the invitations to apply for federal high-skilled streams under Express Entry (including federal skilled workers, federal skilled trades and Canadian experience class). Under this temporary public policy, we are introducing measures so that eligible PGWP holders can apply for a new open work permit that would be valid for up to 18 months. This public policy will be in effect until December 31, 2022.

These instructions provide guidance for issuing the additional open work permit while the public policy is in effect.

Public policy objectives

The public policy will allow eligible PGWP holders and former PGWP holders, including those who have valid temporary resident status, to apply from inside Canada for an open work permit. The permit will be valid for up to 18 months or until the applicant’s passport expires, whichever comes first.

Applicants outside of Canada must apply for a regular work permit and indicate that they are applying under this public policy.

Eligibility requirements

To be eligible under this public policy and for the open work permit, the foreign national must submit clear evidence that they meet the criteria below.

A foreign national must

• hold or have held a PGWP that expired or is expiring between September 20, 2021, and December 31, 2022
• have maintained temporary resident status or be eligible for the restoration of their status (in Canada only)
• have requested consideration under this public policy and have indicated the duration of the work permit they are seeking in their application (maximum of 18 months)

Applications must be submitted online. Applicants can apply on paper only if they can’t apply online because of a disability or a problem with the online application.

The new open work permit will be valid for a maximum of 18 months. Applicants whose passport will expire in less than 18 months will be issued an open work permit that expires at the same time as their passport.

An open work permit under this public policy will be issued to an eligible applicant only once, and it cannot be extended.

This public policy waives the regulation stated in paragraph R200(3)(e), which prohibits the issuance of a work permit where there has been unauthorized work or study. This regulation is not waived if the applicant’s unauthorized work was for an employer described in section R196.1. Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements that are not exempted under this or any other public policy.

Restoring status

If the applicant’s PGWP expired after September 20, 2021, they must apply for an open work permit by December 31, 2022, to restore their status.

Duration

Applicants who have submitted an application under this public policy may be issued an open work permit for a maximum length of 18 months.

The validity date of the open work permit will depend on the expiry date of the applicant’s PGWP, as follows:

If the applicant’s PGWP is expired, the open work permit will be valid starting on the date it is approved.

If the applicant’s PGWP is valid, the open work permit will be valid starting on the expiry date of the PGWP.

The duration of the open work permit will be 18 months or until the expiry of the applicant’s passport, whichever comes first, in both of the above situations.

Work permit application submission

All applicants must submit their PGWP application by following the instructions to apply online under this public policy.

Mandatory documents

When applicants apply, they must submit

• a copy of their passport
• a request for consideration under this public policy, including the duration of the work permit they are seeking (maximum of 18 months)
• corresponding fees $155 work permit fee