New Open Work Permit Pathway and H&C Rule Changes

IRCC’s Latest Updates

Immigration, Refugees and Citizenship Canada (IRCC) recently introduced two important updates that could affect many people applying for permanent residence (PR) from inside Canada. Although IRCC mainly wrote these updates for immigration officers, they also contain important information for applicants.

The first update introduces a new Open Work Permit (OWP) option for eligible French-speaking graduates waiting for permanent residence. Meanwhile, the second update explains that Humanitarian and Compassionate (H&C) requests cannot override the eligibility requirements of a public policy.

Let’s look at both updates in simple words.

Update 1: New Open Work Permit Option for Eligible Graduates

The first update applies to French-speaking international graduates who studied outside Quebec under the Francophone Minority Communities Student Pilot.

Previously, this policy only offered a pathway to permanent residence. Now, IRCC has expanded the policy by adding an Open Work Permit option. As a result, eligible graduates can continue working in Canada while IRCC processes their permanent residence application.

This change gives graduates more flexibility and helps them maintain their employment during the waiting period.

When Does the New Policy Apply?

Immigration Minister Lena Metlege Diab signed the updated policy on June 25, 2026, and IRCC immediately put it into effect.

However, IRCC will begin accepting permanent residence applications under this pathway in Winter 2027. The policy will remain valid until November 30, 2032, unless IRCC withdraws it earlier.

Who Can Apply?

Applicants must meet every eligibility requirement to qualify for permanent residence under this public policy.

For example, applicants must:

• Complete a full-time program that lasted at least two years.
• Study under the Francophone Minority Communities Student Pilot.
• Complete more than 50% of their classes in French.
• Live outside Quebec.
• Remain physically present in Canada when IRCC grants permanent residence.
• Submit the application online through the designated process.
• Meet all admissibility requirements under Canadian immigration law.

Most importantly, applicants must satisfy every condition. If they miss even one requirement, IRCC can refuse the application.

How Does the New Open Work Permit Work?

The updated policy also creates a new Open Work Permit pathway for eligible graduates.

To qualify, applicants must:

• Hold or have previously held a study permit under the pilot.
• Maintain valid temporary resident status or remain eligible for status restoration.
• Submit a permanent residence application before applying for the work permit.
• Include proof of graduation with the application.
• Apply for a work permit that can remain valid for up to three years.

Because of this new pathway, eligible graduates can continue working legally in Canada while waiting for their PR decision.

What Does This Mean for Family Members?

The updated policy also provides additional benefits for eligible family members.

Depending on their situation, family members can apply for:

• Open Work Permits
• Study Permits
• Visitor Visas
• Temporary status extensions
• Restoration of temporary resident status, if eligible

Therefore, families can stay together more easily while IRCC processes the principal applicant’s permanent residence application.

Update 2: H&C Requests Cannot Override Public Policy Requirements

The second update focuses on Humanitarian and Compassionate (H&C) requests.

Many applicants submit H&C requests because they face exceptional personal hardships. However, IRCC has now confirmed that officers cannot use H&C considerations to ignore or remove the eligibility conditions written into a public policy.

Simply put, applicants must still meet every required condition, even if they request humanitarian consideration.

What Happens If an Applicant Misses a Requirement?

If an applicant does not meet one of the policy’s requirements, IRCC will:

• Refuse the permanent residence application.
• Clearly explain which eligibility requirement the applicant failed to meet.
• Acknowledge the H&C request without using it to change the decision.
• Ask the applicant to submit a separate H&C application if they want humanitarian consideration.

In other words, applicants cannot use an H&C request to correct an application that does not meet the policy’s eligibility rules.

Will IRCC Still Follow Procedural Fairness?

Yes, but only in certain situations.

Normally, IRCC informs applicants if officers have concerns and allows them to respond with additional information.

However, some public policies require applicants to submit every required document with the initial application. In those cases, officers do not have to request missing documents later. Instead, IRCC may refuse incomplete applications immediately.

Therefore, applicants should carefully review the document checklist before submitting their application.

Who Is Affected by These Updates?

These updates mainly affect:

• French-speaking graduates under the Francophone Minority Communities Student Pilot.
• Eligible family members included in these applications.
• Applicants applying for permanent residence under this public policy.
• People submitting H&C requests together with these applications.

On the other hand, people submitting standalone H&C applications outside this public policy will not be affected by this operational guidance.

Final Thoughts

These two IRCC updates move in different directions.

On one hand, IRCC has introduced a valuable Open Work Permit option that allows eligible French-speaking graduates to continue working while waiting for permanent residence.

On the other hand, IRCC has made its eligibility requirements much clearer by confirming that Humanitarian and Compassionate requests cannot override public policy conditions.

Therefore, anyone applying under this pathway should carefully review every eligibility requirement, prepare all required documents, and submit a complete application. Doing so will improve their chances of a smooth application process and help them avoid unnecessary delays or refusals.

Get in touch with SPS Global

Receive advice on any of your questions regarding immigration. Get in touch with us, experienced immigration consultants from SPS Global. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).