Some PGWP holders who have expired may now apply for a new open work permit.
Certain Post-Graduation Work Permit (PGWP) holders can apply for a new open work permit or an extension of their current one by following the steps provided by Canada.
Sean Fraser, the minister of immigration, first made the extraordinary measure public in April. The minister acknowledged last week that the delay in the dissemination of new instructions was due to a technical problem.
If your PGWP expires between September 20, 2021 and December 31, 2022, the requirements apply to you. PGWPs typically have a one-time use. Graduates of full-time programmes offered to international students who qualify can obtain an open work permit valid for a maximum of three years. However, the new rule will let PGWP holders who qualify to do so to renew it or apply for a brand-new open work permit that will last for an extra 18 months.
You cannot apply for this work permit at a port of entry, according to IRCC. By December 31, 2022, all work permit requests under this public policy must be made online.
Those who are already residing in Canada may continue to do so throughout the time that their permit is being renewed or a new one is being issued.
Different candidates will be impacted by these guidelines in different ways. The following examples are provided by Immigration, Refugees and Citizenship Canada (IRCC):
1. Your passport is still valid through April 2024, your address is current, and your PGWP expires between October 2 and December 31, 2022.
Nothing needs to be done by you. Don't reply to the IRCC's email asking you to confirm your mailing address. By the middle of October, a revised work permit will be issued and delivered to your postal address.
2. You must change your address and/or passport validity, but your PGWP expires between October 2 and December 31, 2022.
Your mailing address will be confirmed by IRCC via email. In order to notify IRCC that your mailing address needs to be altered, follow the instructions in the email.
This first email will not be sent to you if IRCC cannot renew your work visa by 18 months due to the expiration of your passport; instead, you will receive a different email in September.
In September, instructions on how to update your mailing address and the validity of your passport in your online account will be sent to you via email if you need to do so. You will have two weeks to complete this. By mid-November, if you amend this information, a new work permit will be mailed to you.
Check your passport's validity to make sure you can take use of it, and if it expires before April 2, 2024, request an extension. Make sure your paper application for your PGWP is connected to your online account if you apply for it.
3. You will not be able to amend your residence or passport validity before your PGWP expires on October 2, 2022, through December 31, 2022.
Your work permit extension must be requested online. You could either wait to apply until your passport has been renewed or you could get a work permit that is valid until your passport expiration date.
4. Although your PGWP expires between October 2 and December 31, 2022, IRCC made no attempt to get in touch with you.
You are not eligible to have your work permit extended through this special process if you do not hear from IRCC by the middle of September for another reason, such as the addition of information about your admissibility to Canada that will require further review to your case. If you want to extend your work permit, you can still apply online.
5. From September 20, 2021, until October 1, 2022, your PGWP expired or will.
You must submit an online work permit application, according to IRCC. The application period begins on August 2, 2022. If you are currently residing in Canada and your temporary status has also come to an end, you must also apply to have your status restored. You are permitted to reinstate your status under these unique rules, even if it expired more than 90 days ago.
If you've left Canada and want to come back once your application has been accepted, you may submit it from overseas.
Candidates may perform interim employment
PGWP holders whose documents have expired or will expire between September 20, 2021, and December 31, 2022, will get email alerts from IRCC. They are permitted to work in Canada temporarily, according to the email.
To prove to their employer that they have permission to work in Canada, those who receive the email can attach it to their PGWP. In order to ensure that persons qualified for the additional 18-month work period can continue working or enter the workforce while they submit an application for a new work permit, this one-time measure has been put in place. According to the IRCC, this transitional work phase will last through May 31, 2023.
IRCC points out that the recipient is only permitted to deal with this email message. If the person's status has already expired, it does not reinstate their legal temporary resident status. It is meant to make sure persons whose PGWPs have expired or are about to expire can continue to work while they wait for an updated or new open work permit. If you are out of status, you must apply to get back into status along with your new work permit application. Even though it has been more than 90 days since your status expired, you are still able to apply for restoration if you meet the requirements.
It is feasible to return to Canada and be permitted to work if you are outside of Canada and have a valid temporary resident visa. However, you cannot enter Canada using only the email notice of your temporary work authorization.
Candidates for the paths from temporary residents to permanent residents must have work permits
An open work permit can also be applied for by candidates who are a member of the Temporary Resident to Permanent Resident (TR2PR) pathways and whose permanent residency application has not yet been approved. By taking this precaution, TR2PR applicants can continue to work while they await a judgement on their application for permanent residence.
According to IRCC, "Those requesting for an open work permit may now receive one with an end-date of December 31, 2024, if their passport is valid through that date." This is because it is anticipated that processing TR to PR applications may take some time.
The immigration administration also said that this mechanism had already granted an open work permit to around 2,500 TR to PR applicants. Owners of these work permits, which expire on December 31, 2022, will shortly get an email informing them that they could be able to extend the validity of their work permit.
These employees do not need to take any action if they still reside in Canada and have an updated mailing address. They may receive a revised work permit in the mail with a December 31, 2024, expiration date. According to the IRCC, they ought to get it by mid-October.
This email will not be sent to applicants whose passports expire before December 31, 2024, and they will not be qualified to use the special measure to extend their present work permits. They can still apply for and obtain a longer work permit, either by doing so before their current work permit expires or after they have updated their passport.
The person will no longer qualify for the special measure if they need to amend their mailing address or if they choose not to get one through this method. To apply, they must do it online.
What makes the announcement so crucial?
The primary goal of the legislation is to provide relief for Canadian Experience Class (CEC) applicants who have been unable to submit an Express Entry application after September 2021.
In an effort to reduce the backlog of immigration petitions, Immigration, Refugees and Citizenship Canada (IRCC) suspended draws for these applicants—many of whom are PGWP holders—after the last CEC-only draw on September 21. The line of applicants had gotten so long that the IRCC was unable to handle them all within the required six months. As of July 6, Express Entry draws are once again open to all applicants. The IRCC invited a total of 1,164 CEC applicants in July after completing a second all-program draw on July 20.
A PGWP holder can typically qualify for a Bridging Open Work Permit (BOWP) if they respond to an ITA for permanent residence in case their work permit expires before IRCC reaches a decision on their filing. While their PR application is being processed, immigrants are permitted to remain in Canada following the expiration of their PGWP or other temporary work permit under the BOWP.
The applicant can take advantage of maintained status if the PGWP expires while the BOWP is being processed. It's crucial to understand that maintained status only applies if you're requesting another temporary residence status while still a temporary resident. The BOWP is required since it does not apply when a person changes from a temporary resident to a permanent resident.
In order to give temporary residents more permanent residency options, IRCC is currently developing a proposal. According to studies, immigrants with prior Canadian work experience typically perform better on the job market in the first few years after arriving.
In addition to being a point on the minister's letter of mandate, Fraser has been given a deadline to come up with anything thanks to a resolution introduced by Randeep Sarai, the British Columbia representative for Surrey Centre. The minister has 120 days starting on May 11 to create and publish a plan to enable more temporary residents to become permanent residents.
In an interview with CIC News on June 21, Fraser said, "Over the coming few months we should be able to offer some clarity as to what these routes may look like. I'm really looking forward to it because I think it's a big opportunity for Canada."
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