Canada’s immigration system is constantly changing and evolving. The Canadian government’s immigration policy changes over time as new policies are implemented, new programs are created, temporary policies expire, and the immigration goals change. Recently, many potential immigrants to Canada, such as international students and people seeking permanent residence have been affected by changes. Another area that has seen a change that could positively impact immigrants in Canada is the change to the Provincial Nominee Program that happened in August 2024.

Provincial Nominee Program

Canada’s Provincial Nominee Program is an immigration pathway for those looking to move to and work in Canada. The programs are a key part of Canada’s immigration system and have been successful in attracting skilled workers, entrepreneurs, and students to the country. It is designed to help provinces and territories address specific labour shortages and address the needs of their local economies. This design allows the provinces to efficiently fill labour shortages or attract workers in needed industries efficiently by matching the province with skilled applicants.

To be eligible for the Provincial Nomination Program, individuals must first be nominated by a province or territory. Each province and territory has its own specific criteria for nomination, and interested individuals must meet these criteria to be considered for the program they are applying for.

Once an individual has been nominated, they can then apply for permanent residence through Immigration, Refugees and Citizenship Canada. If the application is approved, the individual will receive a permanent resident visa, allowing them to live and work in Canada on a permanent basis.

There are several streams within the Provincial Nomination Program, and each province and territory has its own streams. These streams are designed to meet the needs of different groups of immigrants, including skilled workers, entrepreneurs, and international students. Making sure a potential application is made to the right stream is important in order to ensure the best chance of a successful application.

Changes to the Provincial Nominee Program

As of August 11, 2024, a new temporary public policy was enacted that changed the Provincial Nominee Program. The new policy was made in order to facilitate work permits for prospective Provincial Nominee Program candidates. This policy will enable some prospective Provincial Nominee Program candidates to apply for an open work permit. Open work permits are not tied to a specific job or employer. Rather, the person who holds an open work permit can be employed anywhere in Canada under their work permit.

The new public policy will allow those who are new to Canada to obtain an open work permit if they meet certain requirements. The applicant for the open work permit must have a job offer, a valid work permit, or a work permit that expired on or after May 7, 2024. Further, to qualify under this temporary public policy, individuals must have a support letter from the province or territory where they reside that confirms their placement in an Expression of Interest pool.

Conditions for Acceptance under the Temporary Public Policy

In the temporary public policy announcement the eligibility requirements for an officer to grant a foreign national an open work permit were clarified. It is important to consider the eligibility requirements in order to make sure as a potential candidate that you are able to apply and your application will be considered. There are three possible categories for those who are eligible to apply under the temporary public policy:

1. The foreign national that holds a work permit:
   1. Has submitted an application for a new work permit under section 200 of the Regulations; and
   2. Has provided, with the application referred to in (b),
      1. A support letter
         1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and;
         2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
      2. A letter of employment from the foreign national’s current employer; OR
2. The foreign national that held a permit on May 7, 2024, but the permit has expired:
   1. Has submitted an application for
      1. A new work permit under section 200 of the Regulations; and
      2. An extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of their temporary resident status under section 182 of the Regulations; and
   2. Has provided, with the application referred to in (b),
      1. A support letter
         1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and
         2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
   3. A letter of employment from the foreign national’s current employer; OR
3. The foreign national that was authorized to work on May 7, 2024, and they have a work permit extension pending or that has been approved:
   1. Has submitted an application for
      1. A new work permit under section 200 of the Regulations; and
      2. An extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations; and
   2. Has provided, with the application referred to in (b),
      1. A support letter
         1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and
         2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
   3. A letter of employment from the foreign national’s current employer.

The Rationale of the Policy

This policy was enacted as part of a Canadian Government goal of “recalibrating” the temporary resident to permanent resident ratio in Canada. In effect, this means that the government wants there to be a larger amount of permanent residents compared with temporary residents at this time. This policy will help with recalibrating the ratio by allowing more temporary residents to become permanent residents through the Provincial Nominee Program.

The temporary public policy is set to expire on December 31, 2024, however, the Government of Canada has indicated that the policy could be withdrawn at any time before that date without notice.

Contact Garson Immigration Law for Assistance with Canadian Immigration Applications

The talented immigration lawyers at Garson Immigration Law are highly experienced in helping our clients with immigration matters. We provide honest, trusted opinions and work with prospective newcomers to Canada in order to provide them with the best chance of making successful applications to come to Canada.

At our firm, we develop effective, pragmatic solutions for clients in all sorts of immigration matters, including permanent residence, citizenship, and US immigration. For a confidential consultation on your immigration matter, please contact us online or call us at 416-321-2860.