The immigration department of Canada, Immigration Refugees and Citizenship Canada (IRCC) has recently unveiled a new temporary policy for Hong Kong PR Applicants. This measure will allow PR applicants from Hong Kong to continue to stay in Canada until they receive a final decision on their PR application.

This new temporary measure addresses a high volume of applications for the previously introduced temporary public policy for Hong Kong residents in 2021.

At that time, IRCC established two new pathways for Hong Kong residents who studied or worked in Canada to receive Canadian PR. This occurred due to the geopolitical circumstances between China and Hong Kong.

Understanding the New Temporary Policy for Hong Kong PR Applicants

The new policy announced by the IRCC will be effective on May 27, 2024. Since then, Hong Kong residents who have submitted their applications for PR under IRCC’s unique 2021 pathway will be able to extend their status. In addition, they can also submit an application for an open work permit (OWP). This will permit them to continue to stay in Canada while IRCC processes their applications.

Under this new policy, specific applicants who satisfy the following conditions will benefit: 

  • If they submitted an application under Stream A for in-Canada graduates or Stream B for Canadian work experience of the 2021 policy and
  • If they had a work or study permit within the three years before when IRCC received their PR application.

Notably, this new policy will be effective for five years, permitting PR applicants to stay in Canada during their application processing.

According to IRCC, individuals with temporary status in Canada, whether a work or study permit or their guardians, will be responsible for monitoring and applying to renew their status as required. 

Notably, a work or study permit holder in Canada who applies for a validity extension before their document expires will continue to have legal status there, even when their renewal application is under process. This is possible because of a legal standard called “maintained status.”

 Besides this, IRCC also stated that individuals who have lost their status in Canada during the 90-day period prior to applying for an open work permit under the new policy are eligible to apply for the OWP. They can also restore their status in the country at the same time. However, an applicant’s application will not be taken into consideration under this new policy if they have been out of the status for more than 90 days prior to filing it.

Overview of the Canada’s Policy for Hong Kong Residents

Since 1923, Canada shared diplomatic relations with Hong Kong. In reality, Hong Kong is one of the top sources of immigrants to Canada each year. Notably, according to 2021 data, more than 200,000 newcomers in Canada confirmed Hong Kong as their birthplace.

China presented a national security law in Hong Kong on June 30, 2020, that criminalizes subversion, terrorism, collusion with foreign forces, and secession. It also demonstrated broad definitions for these crimes. 

In response to these changes, Canada implemented various facilitative measures to assist Hong Kong citizens in immigrating to Canada. The Canadian government introduced these measures because it felt these changes would erode rights and freedoms and potentially lead to discriminatory or arbitrary implementation of the law. The Canadian government’s Info-Pacific Strategy outlines its sustained commitment to the people of Hong Kong.

So, this was about IRCC’s new temporary policy for Hong Kong PR applicants.

Are you ready to immigrate to Canada but have concerns about the process and pathways? Feel free to connect with our experienced immigration experts for help at NavaImmigration. You can also send us an email at [email protected]