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As of February 8, 2021, certain Hong Kong residents will be eligible to apply for an open work permit under the special measures previously announced (November 12, 2020) and supported by public policy (section 25.2 of the Immigration and Refugee Protection Act [IRPA]).
IRPA 25.2
Public policy considerations
25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.
Exemption
(2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).
Provincial criteria
(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.
Conditions
(4) The conditions referred to in subsection (1) may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party that meets any criteria specified by the Minister.
Instructions for processing open work permits have been added to existing program delivery instructions. Under these facilitative measures, the following clients may be eligible as a principal applicant or an accompanying dependant:
- Canadian citizens, persons registered under the Indian Act, Canadian permanent residents or protected persons in Hong Kong and their immediate and extended family members living in Hong Kong regardless of nationality
- immediate family members of Hong Kong residents who will be working or studying in Canada
- residents of Hong Kong, who may be living in Canada, the United States or abroad, and who hold a passport issued by either of the following:
- the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China, as defined by paragraph 190(2)(d) of the Immigration and Refugee Protection Regulations (IRPR)
- the United Kingdom to a British National Overseas (BNO), as a person born, naturalized or registered in Hong Kong, as per paragraph R190(2)(e)
IRPR 190 (2)
Visa exemption — documents
190 (2) A foreign national is exempt from the requirement to obtain a temporary resident visa if they
(a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member;
(b) hold a passport or travel document issued by the Holy See;
(c) hold a national Israeli passport;
(d) hold a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China;
(e) hold a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
(e.1) hold a passport issued by the United Kingdom to a British Subject which contains the observation that the holder has the right of abode in the United Kingdom; or
(f) hold an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual.