Transitional Open Work Permit (TOWP)

The Transitional Open Work Permit (TOWP) allows certain foreign workers to maintain their employment in Canada while their application for permanent residence is being processed.

What is a transitional open work permit?

The TOWP allows foreigners who already hold a valid work permit to continue working in Canada while awaiting a decision on their application for permanent residence. This permit is “open”, meaning that it authorizes the holder to work for any employer in any region, subject to certain exceptions.

Eligibility requirements

To obtain a transitional open work permit, you must :

1. Reside in Canada with a valid temporary permit.
2. Have submitted an application for permanent residence in one of the following categories

following :

• Federal Skilled Worker Program (FSWP).
• Canadian Experience Program (CEC).
• Provincial Nominee Program (PNP).
• Quebec Skilled Worker Program (QSWP), etc.

Meet eligibility criteria, including having passed a validity check with the Canadian authorities.

Associated costs

The fee to apply for a transitional open work permit is CAN$255, including :

1. 155 $CAN for processing,
2. 100 $CAN to issue the permit.

Employment opportunities

The PTOT allows you to work for any employer in Canada. However, certain restrictions apply:

• Provincial Nominee Program (PNP): your place of work is limited to the province where you have been nominated.
• Quebec applicants (PRTQ): work is limited to the province of Quebec.

Period of validity

The permit is generally valid for a period of 24 months, with the possibility of extending it for a further 12 months if the processing of the application for permanent residence exceeds this period. The validity of the permit may not exceed the expiry date of the applicant's passport.

Application for a transitional open work permit

To apply for this permit, it's best to proceed online via your secure IRCC account. If you have difficulties, you can also submit a paper application.

Add dependants

The spouse of a PTOT holder may also apply for an open work permit. Dependent children may accompany the holder by applying for a visitor's visa.

Required documents

The list of documents varies depending on your situation, but common documents include:

1. Letter acknowledging receipt of application for permanent residence,
2. Signed employment contract,
3. Proof of status in Canada,
4. Quebec acceptance certificate (if applicable),
5. Proof of payment of government fees, etc.

Can I leave Canada with a TOWP?

The TOWP allows you to work in Canada, but is not a travel document. If you leave the country, you'll need an ETA (Electronic Travel Authorization) or a temporary resident visa to return.

Refusal of transitional open work permit

Refusals are often due to an incomplete application for permanent residence or failure to meet one of the eligibility criteria. If your application is rejected, you may be able to submit a new application, providing the missing information or documents.

TOWP extension

A transitional open work permit can be extended in certain situations, for example if the application for permanent residence has not yet been processed when the PTOT expires. However, extensions are limited to a further 12 months.

What happens if my application for permanent residence is refused?

If your application for permanent residence is refused, you can continue to work with your PTOT as long as it remains valid, provided it has not been revoked.

In short, the Transitional Open Work Permit (TOWP) offers foreign workers an opportunity to remain professionally active while their permanent resident status is being assessed. If you're in a similar situation, we advise you to consult an immigration expert to ensure that your application is in order, and to optimize your chances of success.