There are many ways to become a permanent resident (PR) in Canada.
Have you wondered if you can you get PR from the Canadian open work permit? While the open work permit is just one option, you shouldn't overlook it as a viable way to obtain Canada PR as a H-1B holder! If you work in Canada and meet the eligibility requirements, you can get permanent resident (PR) status from the open work permit. Here's what it takes.
What Is Permanent Residency Status?
There are multiple paths to lawful Canadian immigration. Although becoming a citizen is one of the best-known, seeking permanent residency may also be a viable option depending on your circumstances. Being a permanent resident means you've immigrated to Canada but haven't obtained citizenship. In other words, you remain a citizen of whichever country or countries granted you citizenship previously. It’s important to understand that this isn’t a temporary status. If you’re just here as a student or worker on a short-term contract, you’re not a PR.
Being a permanent resident comes with special rights. You can:
- Apply for formal citizenship,
- Reside, study, or work wherever you please in Canada,
- Obtain social benefits like health care coverage, and
- Receive legal protections under the same Canadian laws that apply to citizens.
On the other hand, there are some restrictions. You won't be able to hold jobs that require high-level security clearances, vote, or become a candidate for political office. To enjoy these privileges, you'll need to become a citizen. You'll also receive a special PR card showing your status. If you travel outside the country, you'll use this card along with your passport to gain re-entry.
Alternatively, you can apply for a PR travel document if your PR card isn't valid anymore. You might find yourself in this situation when your PR card expires, but please understand that this doesn't mean your status expires too — you just need to update your documentation!
Permanent Residency Requirements
There are a few other important PR requirements. If you want to retain your status, you'll need to have lived in Canada for no less than 730 days during the previous five years. This time can be broken up, so it's OK to travel as long as you keep a record of your movement.
What if you're a refugee? You won't gain PR status unless you complete one of the formal processes and get approved by the Immigration and Refugee Board. Many people achieve this by going through a private sponsorship program.
You can also lose your status. This can occur as a form of punishment, such as if you're subject to a removal order. It can also happen when you voluntarily give up your PR status, such as if you know you haven't satisfied the residency requirements but still want to visit. Finally, if you become a citizen, your PR status becomes void — although you'll no longer need it in that case!
What Is the Open Work Permit?
Canada welcomes people who want to build careers for themselves with a work permit scheme. A work permit is a document from Immigration, Refugees, and Citizenship Canada (IRCC) that allows you to work in Canada lawfully. It describes what kind of work you can do, who you can work for, where you can work, and how long you're allowed to perform your job.
An open work permit is similar but a bit less restrictive. It lets you work for any Canadian employer that fulfills their legal obligations. The only catch is that your company can’t offer certain erotic services, like adult massages, stripteases, escort services, or erotic dances.
Open work permits give job-seekers more freedom to explore Canada's many rewarding careers. If you know you want to work in a specific field or region but aren't sure exactly which job suits you best, getting an open work permit lets you keep your options open.
How Can the Open Work Permit Help an H-1B Visa Holder?
Work permits aren't just designed to help you deal with immigration smoothly. They're also helpful for Canada as a nation. By making it easier for foreign nationals to fill important job roles, the country hopes to expand its workforce.
Of course, some workers are considered more in demand than others. This reality is especially true of jobs that require technical skills and higher education. In addition to being able to earn more money, getting these roles will improve your odds of making it through the Canadian immigration system.
H-1B visa holders are a good example. The H-1B visa program is a US system that lets workers with highly specialized knowledge fulfill roles that demand at least a bachelor's degree.
What does a US program have to do with Canada? Although the H-1B system is mainly a path to temporary residency in the US, Canada holds the program in high regard. The government even went as far as fast-tracking open work permits for 10,000 H-1B applicants in 2023. In other words, if you've proven you can make it through the tough US system and hold a skilled job there, you'll probably also find a welcome here in Canada.
The interesting aspect of this scheme is that you can transition from your open work permit to PR status. For instance, the Express Entry program accepts applicants who fit one of the following three categories:
- You can apply under the Canadian Experience Class if you’ve built up at least 12 months of full-time work in the previous three years and met the language requirements. If you work part-time, you’ll need to be sure your hours add up to the full-time equivalent.
- You can apply as a Federal Skilled worker if you have foreign (non-volunteer) work experience in a TEER 0, 1, 2, or 3 category job and pass the English or French language tests. For this path, you'll need to demonstrate at least one year of continuous work, which adds up to 1,560 hours at 30 hours per week. The good news is that you can divide your hours between full- and part-time jobs.
- You can apply to a Federal Skilled Trades Program if you have sufficiently recent skilled trade work experience and meet the language requirements. In this case, you should already have a job offer waiting or have earned a Canadian-issued certificate of qualification in your trade. This program's work requirements are a bit tougher to meet: You'll need at least two years of full-time work (or the same part-time total amount), and you must have performed that work within the last five years.
There are also two provincial tracks:
- The Provincial Nominee Program typically takes 12 – 18 months. This program is indirect, so your employer has to nominate you at the provincial level. Also, you'll need to pass a medical exam and go through a police check. You can typically use the Express Entry process to apply unless you're trying to immigrate to Quebec.
- The Quebec Experience Class offers a pathway similar to the Canadian Experience Class, but there are more hoops to jump through. You'll need to speak intermediate-level French and have worked in a highly-skilled job in Quebec for no less than a year. If you want to work in Quebec, however, this is the main option since that province doesn't use the Express Entry system for most of its skilled workers.
Programs like Express Entry are highly competitive and ranked based on qualification. If you’ve got an existing open work permit, you may be on better footing. For instance, those who’ve spent time living and working in Canada can more easily prove they meet the 730-day residency requirement and the job skills requirements for their specific PR track.
Get Canada PR Status With Your Open Work Permit
So what will your journey to PR status look like? It depends on what track you follow. For instance, the five different routes we mentioned above all have specific requirements for how much job experience you need. They also have different types of language requirements — your skill level, credentials, and history play huge roles in how quickly you'll be able to transition.
It's also important to remember that sometimes the government creates new pathways to make immigration easier. We already mentioned the Canada open work permit program for 10,000 H-1B visa holders, but that's not the only example. The country periodically invites applicants from specific skilled career fields, like the thousands of essential workers and healthcare professionals accepted during the COVID-19 crisis.
Immigrating to Canada as a permanent resident is easier when you know where you stand. Unfortunately, the system can be confusing — even though many options are at your disposal, it might be harder to determine what fits your needs.
Talking to an immigration specialist can help clear things up. If you've got questions about Canada's PR status for H-1B workers, reach out to the team at AllCleared — and start your journey off right.
