Open work permits for applicants under the Interim Pathway for Caregivers
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. It is posted on the Department’s website as a courtesy to stakeholders.
Applicants under the Interim Pathway for Caregivers who have received a positive eligibility assessment of their application for permanent residence (APR) are eligible for an open work permit under public policy considerations, under paragraph 207(d) of the Immigration and Refugee Protection Regulations (IRPR), while they wait for their APR to be finalized.
Applicants’ family members who are in Canada are also eligible for an open work permit under paragraph R207(e).
Procedures for applicants
Caregivers may submit their paper open work permit application, the Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 442 KB), under the Labour Market Impact Assessment (LMIA) exemption code A70 together with their APR, under the Interim Pathway for Caregivers, to the Case Processing Centre in Edmonton (CPC-E). The open work permit is not processed until an eligibility decision is made on the permanent residence application.
Applicants may apply for their open work permit after they submit their APR. However, the application will not be processed until an eligibility decision is made.
To be eligible for an open work permit under LMIA exemption code A70, foreign nationals should
- be in Canada and intend to reside in a province or territory other than Quebec
- be one of the following at the time of application:
- authorized to work in Canada with a work permit other than a Live-in Caregiver Program work permit
- authorized to work without a work permit, pursuant to paragraph R186(u) (implied status),if they have applied for a renewal of a work permit other than a Live-in Caregiver Program work permit
- eligible for restoration of status, have applied for restoration and have held a work permit other than a Live-in Caregiver Program work permit as their most recent work permit
- be the principal applicant on an APR under the Interim Pathway for Caregivers
- have received a positive eligibility assessment of their paper APR under the Interim Pathway for Caregivers
Paper applications – Determining if a positive eligibility decision has been made
A positive eligibility assessment is considered to be have been made once the status of the “Eligibility” field in GCMS is set to “Passed”.
Issuing an open work permit
Applicants must indicate they are applying for an open work permit.
Work permit applications are processed according to the information provided by the foreign national. The response to “What type of work permit are you applying for?” must be “open work permit” to meet the eligibility requirements. Officers are to ensure applicants meet the eligibility requirements, regardless of whether or not an employer’s name is mentioned.
The open work permit is issued under the authority of paragraph R207(d) and is coded as follows:
- LMIA exemption code: A70
- NOC: 9999
- Intended Occupation: Open
- Case Type: 27 – Under examination
- Duration: 12 months
In all cases, officers must input the visible remark “APR Pending” on the work permit. This remark, in addition to the Case Type code, ensures eligibility for continued health care coverage by the province or territory.
Note: Open work permit applicants under the Interim Pathway for Caregivers and their family members are required to pay the work permit processing fee of $155, but they are exempt from the requirement to pay the open work permit holder fee of $100. Fee exemption code P03 should be used in these cases.
If an APR is in process but has not been finalized, a work permit extension of the A70 open work permit may be considered on a case-by-case basis through the normal extension process at the CPC-E.
Spouses, common‑law partners and dependants
In-Canada spouses, common-law partners and dependants who are in status, on implied status or eligible for restoration may also be eligible for an A70 open work permit under paragraph R207(e) once the principal applicant has received a positive eligibility assessment decision of their APR.