441-02466 (Citizenship and immigration)

Canada continues to stand by Hong Kong nationals and supports their freedoms and rights.

Immigration, Refugees and Citizenship Canada (IRCC) acknowledges the ongoing humanitarian crisis for the people of Hong Kong in light of China’s National Security Law and the new Article 23. IRCC continues to monitor the situation in Hong Kong to ensure our immigration programs remain responsive to the needs of Hong Kong residents. The Hong Kong open work permit public policy remains open for foreign nationals who hold either a Hong Kong Special Administrative Region or British National Overseas passport, to apply for aninitial open work permit which may be issued for up to three years. This public policy expires on February 7, 2025.

As the number of displaced people worldwide rapidly increases due to war, political unrest, natural disasters and climate change, and other threats, Canada continues to be a destination of choice for vulnerable groups, and shares a global responsibility to step up and take action. In planning for humanitarian support and programs, the Government of Canada must take into account the capacity constraints on supports and services required by newcomers and Canadians alike.

The Immigration Levels Plan, tabled each year by November 1, is developed in close consultation with a wide variety of stakeholders, and in consideration of a range of factors. It aims to balance Canada’s need for population and economic growth with its capacity to welcome and integrate newcomers, and to maintain confidence in Canada’s immigration system. The 2024-2026 Levels Plan projects stabilized levels in permanent resident admissions with targets of 485,000 in 2024 and 500,000 both in 2025 and 2026. Stabilizing immigration levels aims to help Canada’s domestic systems adjust to recent population growth, to support positive outcomes for newcomers as well as those already here. Within the Levels Plan, a certain number of permanent residence spots are reserved for humanitarian and compassionate and other reasons, which includes applicants under the Hong Kong pathways. Final target-setting in the Levels Plan is subject to Cabinet Approval each year, and a subsequent funding decision. Each year, the Department must report to Parliament on the implementation of the Plan.

Applications are processed on a first-in first-out basis and due to a higher-than-expected response, processing times for the pathway to permanent residence for in-Canada Hong Kong nationals have grown. To mitigate impacts for Hong Kong nationals hoping to remain in Canada permanently, IRCC launched a new public policy on May 27, 2024, to enable Hong Kong pathway permanent resident (PR) applicants to apply to extend their status and get a new open work permit in Canada while they wait for a decision on their PR applications. Minor children can apply for a study permit under existing study permit streams or may study without one at the elementary or secondary level if they are already in Canada and both parents are not visitors.

Those with temporary status in Canada, or their guardians, are responsible for renewing their status as needed. A foreign national who submits an application to extend their work or study permit in Canada before their current permit expires continues to have legal status until a decision is taken on their extension application. This is called ‘maintained status.’

A foreign national who has maintained status is allowed to continue working or studying under the same conditions of their expired permit until a decision is received on their extension application. Work and study permit applicants are also automatically issued a letter when they apply to extend their status that reiterates they have maintained status and continue to be eligible to work or study. This letter is intended to be used as proof of their temporary resident status and for employers that the individual continues to be eligible to work.