Open work permit extension program for Hong Kong residents
Canada is extending the application deadline and expanding eligibility to Hong Kong residents who have graduated from a post-secondary learning institution in Canada or abroad within the last ten years. Previously, applicants had to have completed their studies within the previous five years.
The federal government has extended the application deadline for the temporary three-year open work permit (OWP)Â to February 7, 2025, according to Immigration Minister Sean Fraser. It was supposed to end on Tuesday. These restrictions apply to Hong Kong residents who hold a Hong Kong Special Administrative Region passport or a British National (Overseas) passport.
This means more Hong Kong residents can pursue their professional goals and gain work experience in Canada for up to three years. Those who have gained at least one year of work experience in Canada and meet other criteria, such as minimum language and education levels, are eligible for Canada permanent residency (Canada PR). Plus, those who come to Canada on a study permit can apply for immigration directly after graduating from a post-secondary institution.
Furthermore, the minister stated that by extending the open work permit public policy, spouses, common-law partners, and dependent children of Hong Kong residents would be able to apply for a work or study permit in Canada, resulting in even more workers for employers to hire and more people coming to our communities.
Canada Immigration Hong Kong
Previously, the Canadian government has established two paths to permanent residence for eligible Hong Kong applicants and their families. These measures will enable Canada to attract more skilled individuals, including those with prior work experience, allowing them to quickly integrate into the Canadian workforce. The two paths are Stream A and Stream B.Â
HK pathway Canada stream A
Applicants in Stream A must have recently graduated from a Canadian post-secondary institution. They must have worked in Canada for at least a year and graduated within the last five years from a Canadian post-secondary institution or a foreign equivalent to qualify for Stream B.
Those who applied for an OWP were directed to Stream B. Still, the requirement for applicants to have graduated within the last five years meant that by the time someone on an open work permit applied for that permanent residency option, they may have aged out of that criterion.
This is a temporary government policy. This temporary public policy will be in effect for Hong Kong residents residing in Canada from June 1, 2021, to August 31, 2026.
HK pathway Canada stream B
Those who applied for an open work permit (OWP) were directed to Stream B. Still, the requirement for applicants to have graduated within the last five years meant that by the time someone on an OWP applied for that permanent residency option, they may have aged out of that criterion.
This is a temporary government policy. This temporary public policy will be in effect for Hong Kong residents residing in Canada from June 1, 2021, to August 31, 2026.
What is an open work permit?
An Open Work Permit (OWP) is not job specific. You won’t require a Labour Market Impact Assessment (LMIA) or evidence that a business has offered employment when you apply for your work visa because it is not job-specific (employer-specific work permit).
Who can apply for open work permit Canada?
- The spouse or common-law partner of an international student or a skilled worker (open work permit Canada spouse).
- Foreign students who completed their studies at a DLI and are qualified for the Post-Graduation Work Permit Program (PGWPP)
- Students who are no longer able to pay for their education (destitute students)
- An employer-specific work permit holder who is experiencing or in danger of experiencing abuse with their job in Canada
- Already applied for Canadian permanent residency in Canada and their dependent family member.
- The spouse or common-law partner of an Atlantic Immigration Pilot Program candidate.
- A refugee, refugee claimant, protected person or their family member
- Under an unenforceable removal order
- A temporary resident permit holder
- Young workers participating in special programs
Open Work Permit Canada Spouse
The Spouse Open Work Permit Canada (OWP) is an excellent program for those international students or foreign workers in Canada with a valid work or study permit who would like to apply for an OWP for their spouse. This program can be one of the bridging mechanisms for such candidates to transition from temporary resident status to permanent residency—an opportunity for International Students to earn back their investment in their education in Canada. Return on investment is high even if the international student doesn’t qualify for PR.Â
A foreign national first needs a positive LMIA (Labour Market Impact Assessment) decision before applying for a Permit. Under the International Mobility Program (IMP), an OWP may be issued to a spouse of foreign nationals who are in Canada as a student or as a skilled foreign worker to enable them to work for any employer for a specified period only under one of the LMIA exemptions codes (C41 or C42). An OWP, not the employer, may restrict the occupation or location.  Â
The spouses may apply for an OWP if the foreign nationals are in Canada as full-time students with a valid Study Permit or as skilled workers with a valid permit or a valid Post-Graduate Work Permit (PGWP). They work in one of the National Occupational Classification (NOC) categories 0, A, or B. The spouses will not require a job offer or positive LMIA to apply; their permit will be valid for the same period as a work or study permit holder.Â
There are 2 OWP LMIA exemption categories for spouses:Â
1-Spouses of Skilled Workers [LMIA Exemption code C41]
Spouses or common-law partners of skilled people coming to Canada as foreign workers may be authorized to work without having an employment offer. A dependent spouse can apply for a spouse open work permit in Canada under LMIA exemption code C41. Suppose the principal foreign worker is an OWPÂ holder (for example, a PGWP). In that case, IRCC officers cannot assess the skill level based on the OWP. So, the spouse applying for the C41 exemption must attach proof that the principal worker is employed in a skill type 0 or level A or B.Â
2-Spouses of Foreign Student [LMIA Exemption code C42]
Spouses or common-law partners of certain foreign nationals who are full-time students with a valid Study Permit in eligible study program institutions may apply for an open work permit under the LMIA exemption category C42, as work designated by the IRCC. This LMIA exemption category is intended for spouses not already study permit holders actively engaged in full-time studies. Allowing spouses to enter Canada and work is designed to increase the competitiveness of Canada’s academic institutions or economy.
