Updated: Temporary public policy to exempt certain Hong Kong residents from work permit requirements

Background:

Following China’s adoption of a controversial national security law in Hong Kong that came into force on June 30, 2020, Canada committed to taking action and standing up for the people of Hong Kong. Aligned with a whole-of-government approach, this measure aims to attract educated Hong Kong youth to Canada, where it is expected that their human capital and international experience will contribute to Canada’s economic, social, and cultural fabric. At the same time, Canada’s response demonstrates its solidarity with other like-minded allies, and its robust support for, and defence of, democratic values.

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.

Accordingly, this public policy will allow for the issuance of open work permits to eligible residents of Hong Kong, whether they are in Canada or abroad, for a period of up to three years. Eligible family members may also be issued an open work permit.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified if:

1. The foreign national:
   1. is described at paragraphs 190(2)(d) or (e) of the Immigration and Refugee Protection Regulations;
   2. has submitted a work permit application under section 200 of the Immigration and Refugee Protection Regulations, where the duration of the work permit requested is for a maximum of three years;
   3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and
   4. in the five years preceding the submission of the work permit application in (ii), has graduated with:
      1. a degree from a post-secondary designated learning institution as defined in section 211.1 of the Immigration and Refugee Protection Regulations, or a foreign diploma, certificate or credential that is equivalent to a Canadian post-secondary degree; or,
      2. a diploma from a post-secondary designated learning institution as defined in section 211.1 of the Immigration and Refugee Protection Regulations for completion of a program that is at least two years in length, or a foreign diploma, certificate or credential, along with an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian post-secondary diploma for a program that is at least two years in length;
2. The foreign national:
   1. is described at paragraphs 190(2)(d) or (e) of the Immigration and Refugee Protection Regulations;
   2. has submitted a work permit application under section 200 of the Immigration and Refugee Protection Regulations, where the duration of the work permit requested is for a maximum of three years;
   3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and
   4. in the five years preceding the submission of the work permit application in (ii), has graduated with:
      1. a graduate or post-graduate diploma, certificate or credential from a post-secondary designated learning institution as defined in section 211.1 of the Immigration and Refugee Protection Regulations for completion of a program that:
         1. is at least one year in length, and
         2. requires the completion of a post-secondary degree or diploma, as a pre-requisite for acceptance in the program, or
      2. a foreign diploma, certificate or credential from a program that requires completion of a post-secondary degree or diploma as a pre-requisite for acceptance in the program, along with an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian graduate or post-graduate diploma, certificate or credential for a program that is at least one year in length, and
   5. obtained a post-secondary degree or diploma no more than five years before the commencement of the graduate or post-graduate program referred to in (iv.);
3. The foreign national:
   1. 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 or 2;
   2. has submitted a work permit application under section 200 of the Immigration and Refugee Protection Regulations, where the duration of the work permit requested is for a maximum of three years;
   3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and
   4. is 18 years of age or older at the time the work permit application in (ii) is submitted;
4. The foreign national:
   1. meets the conditions listed in 1, 2 or 3; and
   2. is in Canada with valid temporary resident status;

Provisions of the Regulations for which an exemption, if applicable, may be granted:

1. For foreign nationals who meet the conditions listed in 1:
   • 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.
2. For foreign nationals who meet the conditions listed in 2:
   • 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.
3. For foreign nationals who meet the conditions listed in 3:
   • 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.
4. For foreign nationals who meet the conditions listed in 4:
   • 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 revokes and replaces the Temporary Public Policy to Exempt Certain Hong Kong Residents from Work Permit Requirements signed on February 1, 2021. It takes effect upon signature and expires on February 7, 2023.

This public policy applies to applications received under the February 1, 2021 public policy for which a decision has not been made, and applications received on or after the day it comes into effect.