The Guidelines for Work Permits Prior to the Submission of Applications for Permanent Residence
Officers would typically not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.
These individuals could apply for a work permit:
- Online or,
- Through the Case Processing Centre in Vegreville (CPC-V)
This is in accordance with the guidelines specified under Paragraph 206 (1) (b). However, officers would need to note that this work permit would not confer any status on the applicants.
Similarly, officers might come across applicants who are not under removal orders. These individuals would therefore, not be eligible to apply for a work permit under the provisions specified in paragraph R206 (1) (b). In this scenario, the officers could consider issuing work permits under the provisions specified in paragraph R205 (a). For this, the officers would need to ensure that the foreign nationals are:
- Able to support themselves and,
- Able to integrate into the Canadian labour market
It is worth mentioning that applicants able to meet these two criteria would typically yield various economic benefits to Canada.
Note:
- According to the provisions specified in paragraph R206 (1) (b) of the Immigration and Refugee Protection Act (IRPA):
- Officers have the ability to issue work permits under section 200 to foreign nationals in Canada who cannot support themselves without working, if the foreign nationals:
- Have made a claim for refugee protection that the authorities have referred to the Refugee Protection Division, which the authorities have not determined as yet or,
- Are subject to unenforceable removal orders
- Officers have the ability to issue work permits under section 200 to foreign nationals in Canada who cannot support themselves without working, if the foreign nationals:
- Similarly, despite the provisions specified above, the authorities would need to ensure that they do not issue work permits to claimants referred to in subsection 111.2 (2) of the Immigration and Refugee Protection Act (IRPA), unless at least 180 days have elapsed since the authorities referred their claims to the Refugee Protection Division
- According to the provisions specified in paragraph R205 (a) of theImmigration and Refugee Protection Act (IRPA):
- Officers have the ability to issue work permits under section 200 to foreign nationals in Canada who intend to perform work that:
- Would lead to the creation or maintenance of significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents
- Would lead to the creation or maintenance of reciprocal employment of Canadian citizens or permanent residents of Canada in other countries
- The Minister has designated as being work that foreign nationals can perform on the basis of the following criteria, namely:
- In cases where the work is related to a research program
- In cases where the work forms an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution as defined by the provisions specified in section 211.1
- In cases where the work is an essential part of a program at the secondary level
- In cases where the work involves a vocational training program offered by a designated learning institution in Quebec or,
- In cases where the work is a program offered by a designated learning institution that requires students to work for obtaining their secondary or high school diploma or certificate of graduation or,
- In cases where limited access to the Canadian labour market is essential for reasons of public policy concerning the competitiveness of Canada’s academic institutions or economy or,
- Is religious or charitable in nature
- Officers have the ability to issue work permits under section 200 to foreign nationals in Canada who intend to perform work that:
The Guidelines for Work Permits After the Submission of Applications for Permanent Residence
Foreign nationals can apply for open work permits. However, they would need to have applied for permanent residence in Canada. For this, they would need to meet the criteria specified in section R207. In accordance with the provisions specified in section 200, officers have the ability to issue work permits to foreign nationals in Canada who:
- Are members of the live-in caregiver class as specified in Division 3 of Part 6 and meet the requirements specified in section 113
- Are members of the spouse or common-law partner in Canada class as specified in Division 2 of Part 7
- Are protected persons within the meaning of subsection 95 (2) of the Immigration and Refugee Protection Act (IRPA)
- Have applied to become permanent residents and the Minister has granted them exemptions under subsections 25 (1), 25,1 (1) or 25.2 (1) of the Immigration and Refugee Protection Act (IRPA) or,
- Are family members of people described in any of the four points mentioned above
It is worth mentioning that the relevant processing fees would apply in this scenario.