Temporary public policy to exempt certain Hong Kong residents who have applied for permanent residence from work permit requirements

Background

Following China’s adoption of a controversial national security law which came into force on June 30, 2020 to stifle dissent and political activism in Hong Kong, Canada committed to taking action and standing up for the people of Hong Kong. Two public policies were implemented in 2021. The first one allowed Hong Kong residents with recent post-secondary education to remain in Canada or come to Canada and work for up to three years. Work permits issued under this public policy have started to expire. The second allows certain Hong Kong residents with Canadian work experience or education to become permanent residents. These measures were designed to demonstrate Canada’s solidarity with other like-minded allies, and its robust support for, and defence of, democratic values.

On March 19, 2024, Hong Kong lawmakers unanimously passed a new national security law, Article 23, which gives the government new powers to crack down on all forms of dissent on the grounds of alleged treason, espionage, sedition and external interference in Hong Kong’s internal affairs. Article 23 is separate from the national security law that was imposed by the Chinese government in 2020 and it expands the definition and punishment of a number of the offences listed above. The new law can also apply to actions that take place outside Hong Kong by both residents and businesses.

Public policy considerations

Given the evolving situation in Hong Kong and the commitment to assess permanent residence applications for these individuals, there is a need to ensure applicants under the original or updated Temporary public policy creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents, and their families, have a way to maintain or restore valid temporary residence status in Canada while their application for permanent residence is pending.

Therefore, I hereby establish, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. The foreign national:
   1. is in Canada at the time of application and when the work permit is issued;
   2. is described at paragraphs 190(2)(d) or (e) of the Immigration and Refugee Protection Regulations;
   3. has submitted a work permit application under section 200 of Regulations or an application for a work permit renewal under subsection 201(1) of the Regulations, where the duration of the work permit requested is for a maximum of three years;
   4. has valid temporary resident status, or had temporary resident status that expired within 90 days of the date their application for a work permit referred to in (iii) was submitted;
   5. has made an application for the Temporary public policy creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents or the Updated Temporary public policy creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents, that has been accepted into processing and that application has not been withdrawn or refused;
   6. has previously been issued a work or study permit that was valid within the immediate three years preceding the date when the application in (v) was submitted; and
   7. has applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations, if applicable.
2. The foreign national:
   1. is in Canada at the time of application and when the work permit is issued;
   2. is a family member – per the definition in subsection 1(3) of the Immigration and Refugee Protection Regulations – of a foreign national who has applied and has been found to meet the conditions listed in 1;
   3. has been included as an accompanying family member in an application for permanent residence referred to in 1. (v);
   4. has submitted a work permit application under section 200 of the Immigration and Refugee Protection Regulations or an application for a work permit renewal under subsection 201(1) of the Immigration and Refugee Protection Regulations, where the duration of the work permit requested is for a maximum of three years;
   5. has valid temporary resident status, or had temporary resident status that expired within 90 days of the date their application for a work permit referred to in (iv) was submitted;
   6. is 18 years of age or older at the time the work permit application in (iv) is submitted; and
   7. has applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations, if applicable.

Provisions of the Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions listed in 1 or 2 above:

• Paragraphs 199(a) to (i) - the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(c) - the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.

Other admissibility and selection criteria

Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection criteria not exempted under this, or another, public policy.

Effective date and expiration

This public policy takes effect 30 days after signature and expires five years later. This public policy may be revoked at any time. Applications received under this public policy on or after the day it comes into effect until the day the public policy is revoked or expires will be processed under this public policy.