Canada Immigration, Refugees and Citizenship (IRCC) has introduced a new temporary policy to help permanent residence (PR) Hong Kong applicants will remain in Canada while they wait for a decision on their application.
This temporary policy is a response to the high volume of requests for the initial temporary public policy for Hong Kong residents. introduced in 2021. That year, the IRCC created two new pathways for Hong Kong residents who have worked or studied in Canada to receive Canadian public relations in response to the geopolitical situation between China and Hong Kong.
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What is the new policy?
Starting May 27, 2024, Hong Kong residents who have applied for PR under the IRCC special route 2021 will now be able to apply for a open work permit (OWP) so that they can remain in Canada and work while their application is processed.
This new policy will specifically help those who previously:
- Applies under Line A (Canadian graduates) or Line B (Canadian work experience) of the 2021 policy; and
- Have a work or study permit within three years prior to receiving your permanent residence application.
This new public policy will be in effect for five years, allowing PR applicants to remain in Canada during the processing of their applications.
The IRCC notes that those with temporary status in Canada (work/permission to study)—or their guardians—are responsible for monitoring and requesting renewal of their status as necessary. People with a work or study permit in Canada, who request to extend the validity of their document before it expires, continue to have legal status in Canada (even while their renewal application is being processed) due to a legal rule called “maintained status”.
The department further advises that anyone who has lost their status in Canada within 90 days before applying for an open work permit under the new policy can apply for OWP and restore their status at the same time. However, if a person has been out of state for more than 90 days before submitting an application under this new policy, their application will not be considered.
Temporary policy context for Hong Kong residents
Canada and Hong Kong have shared diplomatic relations since 1923. In fact, Hong Kong is one of the largest sources of new immigrants to Canada each year. According to 2021 data, more than 200,000 newcomers to Canada cited Hong Kong as their place of birth.
On June 30, 2020, China imposed a national security law in Hong Kong that criminalizes “secession, subversion, terrorism, and collusion with foreign forces” and provides broad definitions for these crimes.
In response to these changes (which the Canadian government feared could lead to undermined rights and freedoms and potentially discriminatory or arbitrary application of the law), Canada implemented several facilitation measures to help Hong Kong residents come to Canada.
Canada’s continued commitment to the people of Hong Kong is outlined in the government’s Info-Pacific Strategy.
reference: www.cicnews.com