Immigration, Refugees and Citizenship Canada (IRCC) has updated its operational guidance for certain open work permit applications connected with permanent residence applicants in Canada. The revised instructions provide clearer processing guidance for different applicant groups, including eligible spouses and common-law partners, protected persons, applicants approved on humanitarian and compassionate grounds, and certain eligible family members in Canada.
For people currently living in Canada while their permanent residence applications are being processed, understanding the latest work permit guidance can be important for maintaining their ability to work legally.
The update also provides clarification around applications processed under LMIA exemption code A70. However, applicants should understand that an operational update does not automatically create a new immigration pathway or make every permanent residence applicant eligible for an open work permit.
What Has IRCC Updated?
IRCC has reorganized and clarified processing instructions for certain open work permit applications associated with permanent residence applicants in Canada.
The revised guidance is intended to make processing instructions more structured and easier to follow. Different instructions may apply depending on the applicant’s immigration category, family circumstances and current status in Canada.
For example, IRCC currently provides specific guidance for spouses and common-law partners of applicants in Canada. In certain family sponsorship situations, applicants must have an acknowledgement of receipt (AOR) confirming that their permanent residence application is being processed and must meet other eligibility requirements.
The important point is that applicants should identify the correct work permit category before submitting an application.
What Is LMIA Exemption Code A70?
An LMIA, or Labour Market Impact Assessment, is generally used when an employer wants to hire a temporary foreign worker and needs an assessment of the impact on Canada’s labour market.
Some work permits, however, are exempt from the LMIA requirement under Canada’s International Mobility Program.
A70 is an LMIA-exempt administrative code associated with certain permanent residence-related open work permit situations.
Being associated with an LMIA-exempt category does not mean that an applicant automatically qualifies for a work permit. The applicant must meet the requirements of the specific immigration and work permit category that applies to their situation.
Who Could Be Affected by the Updated Guidance?
The updated instructions may be relevant to different groups of people who are already in Canada.
Permanent Residence Applicants
Certain permanent residence applicants may qualify for an open work permit while their PR application is being processed, depending on their immigration category and circumstances.
IRCC has separate procedures for different immigration programs, so applicants should not assume that the same process applies to every PR application.
For example, Express Entry is an immigration application system used to manage applications under the Canadian Experience Class, Federal Skilled Worker Program and Federal Skilled Trades Program.
Spouses and Common-Law Partners
Eligible spouses and common-law partners may qualify for an open work permit in specific permanent residence situations.
For example, IRCC states that certain spouses or common-law partners applying through the in-Canada family sponsorship process may qualify when they are included in a permanent residence application, have the required AOR and are living in Canada with their sponsor.
Other Eligible Applicants
The updated processing guidance also distinguishes other situations, including certain protected persons and individuals whose permanent residence applications are being processed under specific immigration provisions.
Because eligibility can differ significantly between programs, applicants should review the requirements applicable to their individual circumstances.
Does the Update Mean Everyone Can Get an Open Work Permit?
This is one of the most important points to understand about the IRCC update.
The revised processing guidance does not mean that every person with a permanent residence application automatically receives an open work permit.
Eligibility depends on factors such as:
The applicant’s immigration program
Current status in Canada
Permanent residence application status
Whether the applicant meets the requirements of the relevant work permit category
Family circumstances, where applicable
Required supporting documents
Any applicable IRCC conditions
Applicants should therefore avoid relying on the A70 code alone when determining whether they qualify.
Why Is the Update Important for People Working in Canada?
For eligible applicants, an open work permit can provide flexibility while their permanent residence application is being processed.
Unlike an employer-specific work permit, an open work permit generally provides greater flexibility regarding employment. IRCC explains that open work permits can allow eligible holders to work for most employers in Canada, subject to the conditions attached to their permit.
This can be especially important for permanent residence applicants who need continued authorization to work while waiting for an immigration decision.
IRCC also provides specific rules for applicants who need to extend their work permits. Applicants should carefully check their expiry dates and apply according to the applicable requirements.
What Should In-Canada PR Applicants Do Now?
If you are currently in Canada and have a permanent residence application in progress, consider taking the following steps.
1. Check Your Current Immigration Status
Review your current temporary resident or work permit status and confirm whether you are maintaining valid status in Canada.
2. Review Your PR Application
Check your permanent residence application status and confirm whether you have received the required acknowledgement or other documentation relevant to your immigration category.
3. Check Your Work Permit Expiry Date
If you currently hold a work permit, do not wait until the last minute to review your extension options.
IRCC notes that processing times can vary depending on application volumes, staffing and application complexity. An incomplete application can also result in delays or other processing issues.
4. Confirm the Correct Work Permit Category
Do not select a work permit category simply because it appears to be related to permanent residence.
Your eligibility should be assessed based on your specific immigration pathway and circumstances.
5. Prepare Supporting Documents Carefully
Make sure the forms, proof of status, PR application documents and other supporting evidence are accurate and consistent.
Incorrect information or missing documentation can create unnecessary complications.
How Can an Immigration Consultant Help?
Canadian immigration applications can involve complex eligibility requirements and detailed IRCC processing instructions. Applicants may benefit from professional assistance when they are unsure which work permit category applies to them or how their PR application affects their temporary status.
Axis Immigration Consultants is an Edmonton-based RCIC-licensed immigration firm that provides immigration services, including assistance with work permits, study permits and other Canadian immigration matters. Its Edmonton office is located at 6742 75 Street NW.
People searching for Axis Immigration Consultants, an immigration consultant Edmonton, or Axis Immigration Edmonton can explore professional immigration assistance based on their individual circumstances.
For individuals looking for Edmonton immigration consultants, immigration consultants Edmonton, or the best immigration consultant in Edmonton, it is important to choose a qualified professional and verify the services and credentials before proceeding with an application.
Axis Immigration Consultants can assist eligible clients in understanding Canadian immigration processes and preparing applications based on their individual circumstances.
Why Choose Axis Immigration Consultants?
Immigration decisions can have a significant impact on your ability to work, study and remain in Canada. Professional guidance can help applicants better understand the requirements that apply to their situation.
Axis Immigration Consultants is based in Edmonton and has more than 10 years of combined experience according to its official website. The firm provides support for temporary and permanent immigration matters.
Whether you are researching immigration consultants Canada, immigration services Edmonton, or looking for an immigration lawyer Edmonton, make sure you understand the difference between the professionals and services available to you.
Final Thoughts
The latest IRCC guidance provides greater clarity around the processing of certain open work permit applications connected with permanent residence applicants in Canada.
For eligible applicants, understanding the correct LMIA exemption category, application process and documentation can help avoid unnecessary mistakes.
However, the update should not be interpreted as an automatic new work permit pathway for all PR applicants. Eligibility continues to depend on the specific immigration program and the requirements that apply to each applicant.
If you are currently in Canada with a permanent residence application in process and are unsure about your work permit options, professional guidance can help you understand the applicable IRCC requirements.
Axis Immigration Consultants provides Canadian immigration services from its Edmonton office and can help eligible applicants understand their immigration options.
Frequently Asked Questions
1. What is LMIA exemption code A70?
A70 is an administrative LMIA-exempt code associated with certain permanent residence-related work permit situations. Applicants must still meet the eligibility requirements of the applicable category.
2. Does the latest IRCC update mean every PR applicant can get an open work permit?
No. Applicants must meet the eligibility requirements for the specific open work permit category that applies to their circumstances.
3. Can spouses and common-law partners of PR applicants receive an open work permit?
Some spouses and common-law partners may qualify, depending on their immigration circumstances and whether they meet IRCC’s requirements. For certain in-Canada sponsorship applications, IRCC requires an AOR and other eligibility conditions.
4. Can I continue working while my work permit extension is being processed?
Depending on your circumstances and whether you meet the applicable maintained-status requirements, you may be able to continue working while IRCC processes an eligible extension application. Applicants should verify the rules that apply to their individual situation.
5. Where can I get professional immigration assistance in Edmonton?
Applicants looking for an immigration consultant Edmonton, Edmonton immigration consultants, or immigration services Edmonton can contact Axis Immigration Consultants for assistance with eligible Canadian immigration matters.
6. Does Axis Immigration Consultants provide work permit assistance?
Yes. Axis Immigration Consultants’ official website states that its licensed consultants assist with work and study permits and permit extensions.
