Canada Announces Temporary Policy to Benefit Hong Kong Permanent Residence Applicants

The Immigration, Refugees and Citizenship Canada (IRCC) has announced that a new public policy will be launched in the coming weeks to let Hong Kong permanent residence pathway applicants extend their status and get a new open work permit in Canada while they wait for a decision on their permanent residence applications.

Starting May 27, 2024, open work permits will be available to those who both:

  • applied for permanent residence under Stream A (in-Canada graduates) or Stream B (Canadian work experience) of the temporary public policy for Hong Kong residents in Canada, and
  • held a work or study permit in the three years before their application for permanent residence was received

The new public policy will remain in place for five years so that applicants can extend their temporary status in Canada while the processing of their permanent residence application continues.

Those with temporary status in Canada, or their guardians, are responsible for renewing their status as needed. A foreign national who submits an application to extend their work or study permit in Canada before their current permit expires, continues to have legal status until a decision is taken on their extension application. This is called “maintained status”.

If an applicant’s temporary status expired in the 90 days before applying for a new open work permit, they can apply under this public policy and restore their status at the same time. If their temporary status expired more than 90 days before they try to apply for this new open work permit, their application will not be approved.

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.