New Special Measures for PGWP Holders (Expired or Expiring) Released and TR to PR Program

On August 2, 2022, the Immigration, Refugees and Citizenship Canada (IRCC) announced the implementation of special measures for former students with expired or expiring Post Graduate Work Permits (“PGWP”).  IRCC had initially announced in April 2022 that there would be a subsequent public policy for individuals with expiring or expired PGWPs to obtain an 18-month open work permit and details would follow within a couple of weeks. However, as confirmed by the Honourable Sean Fraser, the Minister of Immigration, Refugees and Citizenship (“IRCC”) on July 28, 2022, there were delays with releasing the details for the new policy as a result of IRCC’s antiquated tech system. After approximately four months, the measures for the new public policy for PGWP has finally been released. These measures are for those who have a PGWP that expired or will expire from September 20, 2021 to December 31, 2022. 

A summary of the new measures for the public policy for PGWP (expired or expiring) are as follows:

1. Individuals with PGWPs that expires from October 2, 2022 to December 31, 2022 and have a valid passport until April 2, 2024, will receive an email from IRCC asking for confirmation of their mailing address. If the address is up to date, then no response or action will be needed. The work permit will automatically be sent to the mailing address by mid-October.  
2. Individuals with PGWPs that expires from October 2, 2022 to December 31, 2022, have a valid passport until April 2024 and needs to update their mailing address, will received an email asking for confirmation of their mailing address. If the address needs to be updated than the individual will have to follow the instructions in the email and provide a response. 
3. Individuals with PGWPs that expires from October 2, 2022 to December 31, 2022 and do not have a valid passport until April 2, 2024, will not receive an initial email from IRCC. However, a separate email will be sent in September with instructions on how to update your mailing address and passport validity in the online account, which will have to be completed within a 2-week period. Once the information has been updated, you should anticipate receiving the work permit by mid-November. 
4. Individuals with PGWPs that expires from October 2, 2022 to December 31, 2022 and are not able to update address or passport validity, will have to apply online to extend their work permits. IRCC can potentially issue a work permit until the passport expiration date, or you can wait until the renewal of the passport to apply online. 
5. Individuals with PGWPs that expires from October 2, 2022 to December 31, 2022 that did not receive an email from IRCC by mid-September were assessed to be ineligible for this public policy (such as admissibility reasons), however, may still be able to apply online to extend the work permit.
6. Individuals with PGWPs that expired or will expire from September 20, 2021 to October 1, 2022, will have to apply online for a work permit. Those without temporary status will have to apply to restore their statuses at the same time of the work permit applications. This measure will allow individuals to restore their statuses even if it exceeded the 90-day period. Additionally, those who have left Canada will be eligible to apply for a work permit under these measures and will have to return upon approval of same. 
7. Starting August 8, 20222, individuals with expired or expiring PGWPS from September 20, 2021 to December 31, 2022, will receive an email confirmation regarding interim authorization to work. This interim work period will be in effect until May 31, 2023. However, this email notice does not restore a person’s legal temporary status if it had expired, nor will it allow for re-entry for those outside of Canada. 

Aside from the measures for the public policy for PGWP holders, the August 2, 2022 announcement also provide measures for those who have applied for permanent residency under the TR to PR program. Applicants who have received a work permit under the TR to PR program may now be eligible for a work permit until December 31, 2024 and IRCC will be sending out an email for those who are eligible. An updated work permit will automatically be sent to applicants whose address is up to date, who are still in Canada, and they have a passport valid through December 31, 2024, by mid-October. Applicants with passports that expired before December 31, 2021 will not receive an email from IRCC, however, they may still apply online to seek a longer work permit to match the expiry date of their passport or applying after they have updated their passports. Those who need to update their mailing address or choose to opt out of receiving an open work permit through this new process will no longer be eligible for the specials measures and will have to apply online for a work permit. 

For more information about these new special measures, please contact us at akmlaw.ca or at 416-262-0042.