With many Hong Kong residents continuing to cast their eyes abroad, we want them to choose Canada to study, work and settle.
With this in mind, in early 2021, we put in place special immigration measures that go beyond Canada’s existing immigration programs that are available to Hong Kong residents.
The Department has put in place a measure to allow eligible Hong Kong residents in or outside Canada with recently completed post-secondary studies to apply for an open work permit, enabling individuals to work anywhere in Canada for a period of up to three years.
In addition, we put in place two new pathways to permanent residence, providing eligible Hong Kong residents in Canada with the opportunity to build their life here if they so choose.
We have also increased our promotion and processing efforts and measures have been put in place to help ensure that Canadians and Canadian permanent residents living in Hong Kong have the support they need to come home at any time.
Supplementary Messages
International protection
Individuals who are at risk of persecution and have fled to another country may be eligible under Canada’s existing resettlement programs, including the Private Sponsorship of Refugees Program and the Government-Assisted Refugees Program.
On July 16, 2021, the Government of Canada announced a dedicated refugee stream for human rights defenders at risk, in addition to our existing refugee resettlement program.
Human rights defenders from Hong Kong who have fled and sought protection in another country may be referred for resettlement to Canada if they qualify under this new stream.
Supporting Facts and Figures
Number of applications for open work permits
As of January 31, 2022, a total of 11,216 individuals from Hong Kong have applied for the new open work permit since the beginning of the public policy (February 8, 2021), and another 254 applications have been received for work permit extensions.
As of January 31, 2022, out of the 9,600 three-year open work permit applications finalized, 8,531 were approved. Of the work permit extensions received, 240 have been finalized, 239 of which were approved.
Number of applications for permanent residence
As of January 31, 2022, 997 eligible individuals have applied for permanent residence under Canada's new immigration pathway (Hong Kong Public Policy For Permanent Residence).
As of January 31, 2022, there have been 796 admissions (individuals granted permanent residence) under this program.
Background
Current situation in Hong Kong
On June 30, 2020, China passed a much-anticipated National Security Law for Hong Kong, which went into effect that night. The law was not made public until implemented and was drafted without inclusive consultation and through a process that circumvented Hong Kong’s Legislative Council. The National Security Law prohibits and penalizes vaguely defined offences relating to secession, subversion, terrorist activities and collusion with a foreign country.
Since it was passed, several waves of arrests have taken place, with over 150 arrests as of December 2021. This includes the high-profile arrests of 53 former lawmakers, district councilors and democracy activists in January 2021, and of more than two dozen prominent pro-democracy journalists and publishers between June and December of 2021.
Canada’s response – New temporary and permanent residence pathways
On November 12, 2020, new measures were announced to support Hong Kong residents, Canadians and permanent residents in Hong Kong, including the new three-year open work permit and two new pathways to permanent residence.
In addition to existing work and study options for Hong Kong youth, the new work permit initiative specific to Hong Kong youth provides open work permits of up to three years to those with recently completed post-secondary studies in the last five years and eligible accompanying family members. This new measure was launched February 8, 2021.
On June 8, 2021, it was announced that eligibility for the open work permit had been expanded to Hong Kong residents with graduate or post-graduate studies, where the program length is a minimum of one year and where a post-secondary degree or diploma is a prerequisite.
In addition to existing permanent residence streams that are available to Hong Kong residents, a public policy creating two new pathways to permanent residence was put in place on June 1, 2021:
The first pathway is for those who have graduated from a post-secondary designated learning institution in Canada in the past three years with a degree, diploma, or graduate or post-graduate credential. At least 50% of the program of study must have been completed while physically present in Canada (either in person or online). These individuals can apply directly for permanent residence.
The second pathway targets former Hong Kong residents who have gained a minimum of one year of full-time authorized work experience in Canada (or the equivalent in part-time work experience in Canada) at any skill level in the last three years and graduated in or outside Canada in the past five years with a degree, diploma, or graduate or post-graduate credential.
Under both streams, eligible Hong Kong residents must have valid temporary resident status and be in Canada when they submit their application and when they are granted permanent residence. They must also meet the specified language requirements.
Applicants must intend to live in any Canadian province or territory other than Quebec. Hong Kong residents who are living in Quebec can consult the Ministère de l’Immigration, de la Francisation et de l’Intégration to learn more about immigration pathways available to them in that province.
Refugees & Resettlement
With regard to those fleeing persecution, Canada has a robust asylum system and, like all foreign nationals who are in Canada, Hong Kong residents have access to this protection.
Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada (IRB). Refugee claims from Hong Kong before the IRB are currently being actively examined and case management strategies are being utilized to ensure the efficient and timely determination of these claims.
In addition to the in-Canada asylum system, Canada offers protection to persecuted people outside Canada who have fled their country of origin through the Refugee Resettlement Program. Refugees having fled persecution in Hong Kong and lacking options to permanently settle elsewhere, can potentially be sponsored by Canadian citizens or permanent residents or be referred by designated referral partners, such as the United Nations Refugee Agency.
On July 16, 2021, Canada announced a new resettlement stream for human rights defenders, adding 250 resettlement spaces over and above its existing refugee resettlement commitments to the Immigration Levels Plan beginning in 2021. Hong Kong human rights defenders having fled persecution outside their home country may be eligible for resettlement under this new stream.
Additional measures being implemented for Hong Kong
IRCC has been providing passports or travel documents to Canadian citizens and permanent residents who wish to return home.
We have waived application processing fees on a temporary basis for Hong Kong residents in Canada who choose to apply to renew their status and extend their stay.
We have increased promotion and recruitment efforts to attract Hong Kong youth to study in Canada and to other program areas, including International Experience Canada. Information sessions on pathways to Canada, including special measures, are provided by the Consulate-General in Hong Kong on a bi-weekly basis.
We have increased the promotion of super visas, which are multi-entry visas for parents and grandparents that allow for multiple entries to Canada, up to 2 years at a time for a validity period of up to 10 years.
We have directed resources to speed up processing of Hong Kong permanent residence applications, including for family sponsorship. Spouses or common-law partners who have applied for permanent residence from within Canada can apply for an open work permit.
We have been ensuring that qualifying permanent residents can access pre-arrival and in-country settlement information and services.
Finally, due to the worsening conditions in Hong Kong that could put some individuals at risk, IRCC implemented an exemption to the 12-month bar on a pre-removal risk assessment (PRRA) for Hong Kong residents who received a final negative decision from the Immigration and Refugee Board of Canada or the Federal Court, or a final PRRA decision from Immigration, Refugees and Citizenship Canada (IRCC) on or between November 13, 2019 and November 12, 2020.
