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Public policy extended for temporary residents applying to restore status

Earth2Mars

Star Member
Mar 13, 2017
96
2
Hi

I have a question to that.

Does an open-work visa fall in the public policy. My friend's permit was issued on Nov 2019 and expires May 4th 2021. COVID hit and no job offers the whole stay.
 

scylla

VIP Member
Jun 8, 2010
93,507
20,838
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi

I have a question to that.

Does an open-work visa fall in the public policy. My friend's permit was issued on Nov 2019 and expires May 4th 2021. COVID hit and no job offers the whole stay.
The restoration public policy is for people who have fallen out of status. If your friend's OWP doesn't expire until May 4 2021, then he is still in status and it doesn't make sense that he would need to apply for restoration.

He would simply apply to change his status to visitor once the OWP is close to expiring in order to remain in Canada legally.
 

scylla

VIP Member
Jun 8, 2010
93,507
20,838
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi

I have a question to that.

Does an open-work visa fall in the public policy. My friend's permit was issued on Nov 2019 and expires May 4th 2021. COVID hit and no job offers the whole stay.
And if you are asking about this specific section of the policy:

In addition, the public policy will continue to allow former work permit holders applying for an employer-specific work permit to work while a decision on their restoration application is pending..

Then this will only apply if your friend's employer has obtained an approved LMIA and your friend is applying for a closed work permit based on that approved LMIA. This does not allow your friend to continue working on an open work permit.
 

Earth2Mars

Star Member
Mar 13, 2017
96
2
I see.

But say on May 4th, status is expired, doesn't the policy state that workers that have their status expired before May 31 can apply for a restoration?
 

scylla

VIP Member
Jun 8, 2010
93,507
20,838
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I see.

But say on May 4th, status is expired, doesn't the policy state that workers that have their status expired before May 31 can apply for a restoration?
Sure, if he lets his status expire on May 4th and he goes out of status, then he can certainly apply to restore his status. However he cannot continue working beyond May 4th.
 

Earth2Mars

Star Member
Mar 13, 2017
96
2
Sure, if he lets his status expire on May 4th and he goes out of status, then he can certainly apply to restore his status. However he cannot continue working beyond May 4th.
Oh I see. so just stay in Canada but stop working.
Doesn't he need to leave Canada before status expires on May 4th to be in compliance with immigration rules, or it is legally allowed as long as an application is submitted within 90days? (or legally has 90 days to leave)
 

scylla

VIP Member
Jun 8, 2010
93,507
20,838
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Oh I see. so just stay in Canada but stop working.
Doesn't he need to leave Canada before status expires on May 4th to be in compliance with immigration rules, or it is legally allowed as long as an application is submitted within 90days? (or legally has 90 days to leave)
If he wants to remain in Canada, then it is a bad decision to let his status expire and then apply to restore his status. While the restoration application is in progress he will continue to be out of status in Canada and there is no guarantee the restoration application will be approved.

As I mentioned before, the far better option is to apply to change his status to visitor BEFORE his OWP expires to keep his status legal in Canada.
 

chingkong

Full Member
Sep 18, 2018
48
13
And if you are asking about this specific section of the policy:

In addition, the public policy will continue to allow former work permit holders applying for an employer-specific work permit to work while a decision on their restoration application is pending..

Then this will only apply if your friend's employer has obtained an approved LMIA and your friend is applying for a closed work permit based on that approved LMIA. This does not allow your friend to continue working on an open work permit.
hello miss @scylla regarding this so if its a closed work permit applied during the restoration of status, is the applicant allowed to continue working with the same employer even if the authorization to work was not yet provided by the ircc? thank you
 

scylla

VIP Member
Jun 8, 2010
93,507
20,838
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hello miss @scylla regarding this so if its a closed work permit applied during the restoration of status, is the applicant allowed to continue working with the same employer even if the authorization to work was not yet provided by the ircc? thank you
No.

If someone is out of status, then need to wait until status is restored and the work permit is approved before they can work.
 

scylla

VIP Member
Jun 8, 2010
93,507
20,838
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hello miss @scylla regarding this so if its a closed work permit applied during the restoration of status, is the applicant allowed to continue working with the same employer even if the authorization to work was not yet provided by the ircc? thank you
Sorry - I may have misunderstood what you are asking. Are you applying under the PGWP policy?
 

chingkong

Full Member
Sep 18, 2018
48
13
No.

If someone is out of status, then need to wait until status is restored and the work permit is approved before they can work.
Public policy exempting certain out-of-status foreign nationals in Canada from immigration requirements: COVID-19 program delivery

A temporary public policy was established on July 14, 2020, to exempt foreign nationals from certain requirements of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) if they meet certain conditions. The public policy has been extended to August 31, 2021. In addition, the eligibility criteria were expanded to include foreign nationals who were in Canada from January 30, 2020 to May 31, 2021 (meaning foreign nationals who entered Canada between these dates may be eligible). Applications received on or before August 31, 2021 may benefit from this public policy.

This public policy has 2 elements related to restoration objectives:

  • Restoration [PP.A]
  • The public policy provides an exemption from the requirement to apply for restoration within 90 days of losing temporary resident status for all foreign nationals (former workers, students and visitors) in Canada. The period of 90 days has been extended for foreign nationals who had valid temporary resident status on or after January 30, 2020 but whose status expired on or before May 31, 2021. They will have until August 31, 2021 to apply to restore their status.
  • Interim work authorization [PP.B]
  • The public policy allows former work permit holders with job offers to work while their restoration and work permit applications are being processed. If approved under this public policy, applicants may be authorized to start their employment while they await a decision on their restoration and work permit applications.
The public policy remains in effect until August 31, 2021. Eligible applications received on or before August 31, 2021 may benefit from this public policy.

On this page

  • Policy objectives
  • Target populations
  • Eligibility requirements
  • Application
  • Processing
Policy objectives

The public policy aims to

  1. provide eligible foreign nationals who have fallen out of status during the COVID-19 pandemic with more time to restore their temporary resident status
  2. exempt eligible foreign nationals from the requirement to have complied with certain temporary resident conditions for a work or study permit to be issued
  3. allow eligible foreign nationals applying for a job offer-supported work permit to work while decisions on their restoration and work permit applications are pending
While all in-Canada foreign nationals who have lost their temporary resident status within the specified timeframe will be exempted from the requirement to apply for restoration within 90 days of losing their status, the authority to work while their restoration and work permit applications are being processed will be available only to those who were previously assessed as workers (that is, who held a work permit in the 12 months prior to their application for restoration of temporary resident status), have a job offer, and have submitted an employer-specific work permit application supported by a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program or an LMIA-exempt offer of employment under the International Mobility Program.


thank you for the quick response.. on the last paragraph can you further explain this? because as i understand if u have a same job offer or under tfw with lmia exempt you are still allowed to work.. thank u
 

chingkong

Full Member
Sep 18, 2018
48
13
Sorry - I may have misunderstood what you are asking. Are you applying under the PGWP policy?
im a work permit holder got a refusal for my work permit extension so i am currently restoring my status as a closed work permit same employer.. thank u