Monday, 29 August 2016 / Published in Canada Economic Class, Immigration, Immigration Manuals

Paper-based Application Process for Foreign Workers – Provincial Nominees or Permanent Residence Applicants

Last Updated on December 23, 2016

Appendix C – The Process for Foreign Workers – Provincial Nominees or Permanent Residence Applicants

In some situations, applicants for permanent residence to Canada might be waiting for the authorities to finalise their permanent residence application assessments. The authorities permit these individuals to apply for work permits while they wait for the authorities to finalise their permanent residence application assessments.

The International Mobility Program: Provincial Nominees or Permanent Residence Applications – Bridging Open Work Permits for Certain Federal Economic Class Applicants

The authorities have the ability to consider qualifying foreign nationals currently in Canada for issuing a work permit. This work permit would help in bridging the gap between the expiry of the foreign national’s current work permit and the final decision on their permanent resident application. However, these individuals would need to meet the relevant program eligibility requirements.

Moreover, these individuals would need to submit an application for permanent residence under one of the following classes as well:

The Federal Skilled Worker Class (FSWC)
The Canadian Experience Class (CEC)
The Federal Skilled Trades Class (FSTC)
The caring for children class or the caring for people with high medical needs class or,
The Provincial Nominee Class (PNC)
- This class excludes nominees identified by the nominating province or territory as having employment restrictions imposed as conditions of the nomination

The likelihood exists that some qualifying foreign nationals in Canada could receive a positive eligibility decision under one of the above-mentioned economic classes. As a result, they would need to await a final decision on their application. In this scenario, these individuals could find themselves in situations where the expiry of the validity of their current temporary work permit becomes a reality.

It is worth highlighting that an open work permit enables a foreign national to work for any employer in Canada. This would enable individuals specified in the earlier paragraph with better flexibility for integrating and navigating the Canadian labour market. This is especially so given that:

The authorities have already found these individuals eligible for permanent residence in an economic program and,
These individuals are currently working in the Canadian labour market

The nominating province or territory could impose employment restrictions on successful nominees. The likelihood of this happening remains valid until the person becomes a permanent resident. It is especially applicable for certain employer-driven streams in the Provincial Nominee Class (PNC).

In some situations, the authorities could decide to impose certain employment restrictions on these individuals. In this scenario, Citizenship and Immigration Canada (CIC) will not issue an open work permit to the foreign national under the bridging open work permit Labour Market Impact Assessment (LMIA) exemption.

The Eligibility Parameters for Bridging the Work Permit

Foreign nationals would need to meet certain requirements. Only then would the be eligible for receiving bridging work permits. Based on the criteria provided, the foreign nationals would need to:

Be in Canada currently
Have a valid status on a work permit that is due to expire in four months or less
Be the principal applicant on an application for permanent residence under the following classes:
- The Federal Skilled Worker Class (FSWC)
- The Canadian Experience Class (CEC)
- The Federal Skilled Trades Class (FSTC)
- The caring for children class or the caring for people with high medical needs class or,
- The Provincial Nominee Class (PNC)
  - It is worth mentioning that this class excludes nominees identified by the nominating province or territory as having employment restrictions imposed as conditions of the nomination
Have a positive eligibility assessment on their permanent residence application under one of the following economic classes:
- The Federal Skilled Worker Class (FSWC)
- The Canadian Experience Class (CEC)
- The Federal Skilled Trades Class (FSTC)
- The caring for children class or the caring for people with high medical needs class or,
- The Provincial Nominee Class (PNC)
  - It is worth mentioning that this class excludes nominees identified by the nominating province or territory as having employment restrictions imposed as conditions of the nomination
Have applied for an open work permit and,
Have paid the work permit processing fee and the Open Work Permit Holder fee

Some foreign nationals might not be able to qualify for a bridging work permit. This would typically occur in cases where the foreign nationals:

Are in Canada under Section 186 of the Immigration and Refugee Protection Regulations (IRPR) i.e. work permit exempt
Have let their status expire (in this scenario, they would need to apply for restoration of their status to return to temporary resident status)
Possess work permits are valid for more than four months or they already have a new Labour Market Impact Assessment (LMIA) for using as the basis for a new work permit application
Are applying for a bridging work permit at the port of entry
Are spouses and dependents of the principal permanent resident applicant
Are provincial nominees who have not submitted a copy of their nomination letter along with the application for a bridging work permit or, if their nomination letter specifically specifies some employment restrictions

Note:

The authorities would only consider foreign nationals eligible for an open work permit in the Provincial Nominee Program (PNP) if:
- The foreign nationals provide a copy of the nomination letter issued by the nominating province or territory with their application and,
- The officers find that there is no indication that any employment restrictions exist as conditions of the nomination.