A new temporary policy has been introduced by Immigration, Refugees and Citizenship Canada (IRCC) to assist Hong Kong applicants for permanent residency (PR) in staying in Canada while they await a decision on their application.
The first temporary public policy for residents of Hong Kong was introduced in 2021 and received a large number of applications. This temporary policy is a response to those applications. In response to the geopolitical circumstances between China and Hong Kong in that year, the IRCC established two additional avenues for Hong Kong residents who have worked or studied in Canada to be eligible for Canadian PR.
Which policy is the new one?
Residents of Hong Kong who applied for PR through the IRCC’s unique 2021 pathway will now be eligible to extend their status and apply for an open work permit (OWP) beginning on May 27, 2024. This will allow them to stay in Canada and continue working while their application is being reviewed.
This new law will particularly benefit persons who are both:
- Applied under the 2021 policy’s Stream A (for graduates from within Canada) or Stream B (for Canadian work experience); and
- Had a work or study permit during the three years prior to the approval of their application for permanent residency.
During the five years that this new public policy is in effect, applicants for permanent residence (PR) are permitted to stay in Canada while their applications are being processed.
The IRCC adds that it is the responsibility of the individuals (or their guardians) with temporary status in Canada (work/study permit) to keep an eye on their status and seek for renewal when necessary. Because of a legal requirement known as “maintained status,” people with work or study permits in Canada who ask to have their permits extended before they expire preserve their legal status in the country (even while their application for renewal is being handled).
The department also cautions that anyone who lost their status in Canada during the ninety-day period prior to applying for an open work permit under the new policy is eligible to apply for the OWP and have their status restored at the same time. However, an applicant’s application will not be taken into consideration under this new regulation if they have been out of status for more than ninety-nine days prior to filing it.
Background of the interim rule applicable to citizens of Hong Kong
Since 1923, Canada and Hong Kong have had diplomatic ties. Actually, one of the main immigration sources to Canada each year is Hong Kong. Over 200,000 immigrants to Canada in 2021 gave Hong Kong as their birthplace, according to data.
China enforced a national security law in Hong Kong on June 30, 2020, making “secession, subversion, terrorism, and collusion with foreign forces” illegal and defining these offenses broadly.
The Canadian government responded to these developments by enacting a number of laws that would make it easier for citizens of Hong Kong to immigrate to Canada. The government concerned that these changes would damage citizens’ rights and freedoms and might result in discriminatory or arbitrary law enforcement.
Canada’s Info-Pacific Strategy outlines the government’s ongoing commitment to the people of Hong Kong.