Temporary Public Policy in support of foreign workers seeking Manitoba provincial nomination
IRCC recently introduced a new work permit for certain foreign workers in Manitoba seeking Canadian permanent residence through the Manitoba Provincial Nominee Program (MPNP). This initiative aims to alleviate delays of processing times in MPNP.
Under the MPNP Skilled Worker Program, individuals submit an "Expression of Interest" (EOI) that assigns points based on various criteria. MPNP conducted biweekly draws where the MPNP issues Letters of Advice to Apply (LAA) to those with the highest scores. Upon receiving an LAA, applicants have 60 days to submit their full MPNP application.
Previously, application decisions typically took two to four months. However, in the past year, processing times have extended significantly, with wait times of 10 to 12 months for nomination decisions. The causes of these delays are politically motivated but are not pertinent here. In its 2024 budget, released on April 2, the Manitoba Government allocated funding for nine additional staff positions at the MPNP, which is expected to help reduce processing times.
In the meantime, foreign workers in Manitoba with Expressions of Interest (EOIs) in the pool and pending nomination applications have been losing their status.
This situation has led to numerous protests in Manitoba over the past several months, prompting Manitoba’s Minister of Labour and Immigration, Malaya Marcelino, to engage in discussions with Immigration, Refugees and Citizenship Canada (IRCC) to find a way to extend the status of at least some of these foreign workers.
On May 8, 2024, the Minister of Citizenship and Immigration, Marc Miller, announced a temporary public policy to address this issue. The policy targets potential nominees with work permits expiring in 2024, primarily post-graduation work permit (PGWP) holders currently in the EOI pool. The announcement stated:
"This temporary measure will authorize 6,700 temporary workers identified and supported by Manitoba to continue working while the province processes their applications for the Provincial Nominee Program. Within two years, it is expected that eligible foreign nationals will receive an official nomination from Manitoba and eventually become permanent residents."
There have been no further announcements from IRCC regarding this new policy, but on May 17, 2024, the MPNP provided additional details on their website, clarifying the eligibility criteria for the new work permit:
This temporary public policy allows post-graduation work permit (PGWP) holders employed in Manitoba with work permits expiring in 2024, who are eligible to apply to the Manitoba Provincial Nominee Program (MPNP) and have submitted a valid EOI to MPNP profile before May 10, 2024, to apply for a province-specific open work permit valid for up to two years.
To qualify for this new work permit, individuals must:
- Has post-graduation work permit (PGWP)
- Have a work permit expiring in 2024.
- Have submitted an MPNP EOI before May 10, 2024.
- Be eligible to apply to the MPNP. (See MPNP Skilled Worker in Manitoba eligibility criteria here)
The Province of Manitoba and the federal government are still finalizing the agreement, so the program has not yet been launched. While this measure is welcome news for many post-graduation work permit (PGWP) holders seeking MPNP nominations, it does not assist the many other foreign workers with pending MPNP nomination applications in the Skilled Worker in Manitoba stream who have fallen or will fall out of status before receiving nominations.
For these individuals, the MPNP has indicated that as long as they either leave Canada until they can return with a T13 work permit or permanent residence, or stay in status by applying for a visitor record, the MPNP will continue to process their nominations and support their permanent residence applications despite them no longer working in Manitoba.
This is helpful because these individuals may still ultimately become permanent residents, but they face either remaining in Canada without the ability to work or leaving Canada for a potentially extended period, with the real possibility of losing the support of their employers.
Overall, the new work permit will not assist all foreign workers affected by the processing delays at the MPNP, but it will help many.
