Hong Kong Open Work Permit
Hong Kong Work Permit
Recent studies show that at least a third of Hong Kong Chinese want to immigrate to Canada. 8% of respondents said they are looking for a new home, and not as dynamic as in Hong Kong, as well as a more balanced work environment. The imbalance between work and personal life has always been a problem faced by people living and working in Hong Kong. Canada is a very attractive destination to Hong Kong residents as it has a much more balanced lifestyle that the Hong Kong people aspire to. Some Chinese Canadians returned to Asia for work but chose to return to North America because they were unable to keep up with the super-fast pace of life in Hong Kong. In addition to the imbalance between work and personal life, many people are interested in moving to Canada in order to avoid political conflicts, class divisions and overpopulation in Hong Kong. The establishment of the Immigration and Refugee Protection Act, which provides open work permits for Hong Kong residents and is aligned with a whole-of-government strategy, intends to entice educated Hong Kong youngsters to Canada by, where their human capital and foreign experience will be expected to contribute to the country's economic, social, and cultural fabric. At the same time, Canada's response indicates its support for and defence of democratic ideals, as well as its solidarity with other like-minded people. In addition, the cost of living and housing prices there are several times more expensive than the Canadian average.
Open work permit for Hong Kong Residents
For foreign workers, there are two main types of work permits in Canada: open and standard. Foreign nationals with standard work permits can only work for one employer by the invitation of which they have received a work permit. Workers with such visas run the risk of being required to leave Canada if their work is terminated. In most cases, in order to employ foreigners, an employer in Canada must obtain an LMIA (Labor Market Impact Assessment) permit to hire a foreigner. The exceptions are teachers, investors, businessmen, exchange students, religious leaders, etc. Obtaining an LMIA is not required if the applicant is applying for an “Open Work Permit”. Open work permit holders are allowed to work anywhere in Canada for virtually any employer. Also, employees with open work permits are eligible to apply for a residence permit. However, without a specific employer, a temporary work visa with an open work permit is available for the participants of the International Experience Canada Program or the accompanying family members of the person who is already working in Canada. Despite this fact, Immigration and Refugee Citizenship Canada provides opportunities for the residents of Hong Kong who can apply for an open work permit which will be valid for a maximum of three years.
Obtaining an open work permit for Hong Kong residents in Canada is possible if they meet the eligibility criteria. The applicant must hold the Hong Kong Special Administrative Region (HKSAR) or the United Kingdom to a British National Overseas (BNO) passport which should be valid for 3 years in order to get the maximum length of a permit. If the document’s validity is less than three years, then the Canadian government will provide the open work permit duration following the date in a passport. Besides, Hong Kong applicants must have completed their education within the previous five years. The existence of a diploma is essential, it can be the diploma obtained from a university or a certificate of a program that lasted at least two years. The criteria above are the fundamental requirements for the potential open work permit holders. If a Hong Kong applicant has got a diploma from abroad, then he or she must get an Educational Credential Assessment (ECA). This document verifies the validity of education and clarifies if a diploma meets Canadian standards. The ECA must come from the IRCC-approved organization or professional group which will provide an applicant with a study that compares the education to that of Canadians. The list of such organizations can be found on the official website.
An exclusive option to get an open work permit for Hong Kong residents
Based on the political situation in China, the Immigration and Refugee Protection Act has introduced new options to get an open work permit and consequently, a permanent residence for Hong Kong residents who still stay in Canada. This is a temporary program that started on June 8, 2021, and will end on August 31, 2026. There are two streams of candidates who are eligible to enter this program.
Stream A is aimed at former Hong Kong citizens who graduated from Canadian universities or any other post-secondary learning institutions. An applicant must obtain a valid HKSAR or BNO passport and stay in Canada with a temporary visa for the moment of application and receiving permanent residence (i.e. to hold a permit status). Besides, an applicant needs to show his interest and intention to live in Canada (except Quebec), he or she must pass the language exam - Canadian Language Benchmark (CLB) for English or Niveaux de compétence Linguistique canadiens (NCLC) for French, and get a level 5 in four different components (listening, speaking, writing and reading). The government of the country is interested in recruiting professionals, so Hong Kong residents can get an open work permit and permanent residence if he or she has graduated from a Canadian learning institution with a degree and the event took place 3 years before applying to the program. If a certificate or diploma is given after graduate or postgraduate programs, the studies must have lasted at least one year and at least two years if the diploma is received as a result of any other program. The important nuance is that the education must be obtained in Canada, if a person has studied abroad, then at least half of the studying process must take place in a Canadian institution (either online or offline). As a requirement for applicants who provide the certificates of their graduate or post-graduate programs, they must have earned a post-secondary diploma or degree that must have been completed within the last five years before they began their graduate or post-graduate program.
Stream B is designed for the immigration of Hong Kong candidates who have at least one year of formal work experience and completed post-secondary education overseas or in Canada. Just as Stream A, the applicants of stream B must have a valid passport issued either by HKSAR or BNO, pass language exam (CLB or NCLC), be a temporary resident, stay inside the country and plan to continue their lives in Canada’s territories other than Quebec. This stream helps to receive an open work permit for Hong Kong nationals. Applicants must obtain diplomas or certificates from the Canadian post-secondary learning institutions for 5 years before they apply for the program. These people who studied abroad will need to complete an educational credential assessment (ECA), the result of ECA must demonstrate that their foreign credential is equal to a Canadian post-secondary certificate. Besides, the important point is that an applicant must have at least 12 months (or 1,560 hours) of work experience in Canada within the last 3 years before applying. However, there are limitations of jobs that cannot be counted as formal work experience. Being self-employed, working as a student or having a job outside Canada cannot be counted as working hours.
Through these new programs, Hong Kong candidates will be able to directly apply for permanent residence. Participants of these two programs will also be able to include spouses, partners and dependent children in their application.
Hong Kong Open Work Permit through IEC
The International Experience Canada (IEC) program provides opportunities for people from 30 countries to come here and get an open work permit with the Working Holiday section. Within this category, open work permits are issued, which are valid for up to 12 months. With an open work permit, foreigners can work throughout Canada for most local employers. Applicants do not need a job offer to apply but they must enter the age category from 18 to 30 years old. To get an open work permit for Hong Kong residents , an individual must hold a valid passport, medical insurance, have no criminal records and have enough funds to be able to cover their expenses for the first time of staying in Canada. Also, essentially to remember to have a return ticket, so an applicant can prove that he or she has no intention to immigrate to the country through this program. However, a Hong Kong applicant can use the Working Holiday section to get the necessary work experience to apply for an open work permit in the future or to find an employer who would provide a job offer for further immigration.
Other Options to Get an Open Work Permit for Hong Kong Nationals
A Hong Kong resident can use an Express Entry program which is a quick way to process applicants’ applications for immigration to Canada and obtain permanent residence status. Candidates are selected and evaluated using the Comprehensive Ranking System (CRS) which analyzes education, age, knowledge of the language, work experience and adaptability. With the Express Entry, an applicant from Hong Kong can work in Canada if he or she will apply to Federal Skilled Worker Program, Provincial Nominee Program, Canadian Experience Class, Federal Skilled Trades, etc. Please note that the selection system does not apply to immigration to the province of Quebec, as Quebec has its selection system and local legislation.
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