Last Updated on October 15, 2015
The Process for Bridging the Issuance of Canada Work Permit
Applicants would need to indicate that they are applying for an open work permit. For this, they would need to submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form i.e. IMM 5710.
Situations could arise where officers receive work permit applications. In many cases, they might find that these applications make no mention of requesting for open work permits. In this scenario, the officers would need to process these applications based on the services requested. For instance, consider that an applicant submits a work permit application along with a Labour Market Impact Assessment (LMIA). Assuming normal entitlements, the processing office would need to issue the work permit restricted to the employer specified on the Labour Market Impact Assessment (LMIA).
In some situations, officers might find that complex or contentious issues or concerns exist about the permanent residence application. In this scenario, they would need to refer the work permit application to a local office. This office will carry out an additional review of the application. The local office has the authority to issue the work permit following the same instructions. However, before issuing the work permit, the local office would need to be satisfied about the resolution of any existing complex or contentious issues.
On receiving the application, the processing office would need to confirm that:
- The permanent residence application under one of the following classes is eligible:
- The Federal Skilled Worker Class (FSWC)
- The Canadian Experience Class (CEC)
- The Federal Skilled Trades Class (FSTC) and,
- The Provincial Nominee Class (PNC) [with no employment restrictions as a condition of the nomination]
- The applicant is in Canada currently
- The applicant currently holds a work permit that will expire within the next four months and that there are no other issues of concern
- The work permit application is for an open work permit and,
- The applicant has paid the Open Work Permit Holder fee along with the processing fee
The authorities would need to issue the open work permit based on the provisions specified in paragraph 205 (a) of the Immigration and Refugee Protection Regulations (IRPR). Thereafter, they would need to code the open work permit as follows:
- Validation Exemption Code: A-75
- NOC: 9999
- Intended Occupation: Open
- Case Type: 27 – Under examination
- Duration: 12 months
In addition, officers might come across subsequent requests from applicants seeking to extend their stays on open work permits. The officers would need to consider these requests on a case-by-case basis.
The office would need to impose certain conditions if they find that:
- A medical examination has not been conducted previously or,
- The results of the medical examination have expired
The conditions specify that the applicant:
- Does not have the relevant levels of authorisation for working in childcare, primary or secondary school teaching, or health services field occupations and,
- Does not have the relevant levels of authorisation to work in agricultural occupations
It is worth highlighting that the officers would need to input the visible remark ‘APR Pending’ on the work permit. This remark, as also the Case Type code, would ensure the eligibility for continued health care coverage by the province or territory. They would need to perform this step in all cases they come across.