[requester]

Record

‘Thank you kindly, 91911) —_ : The Immigration Representatives Mailbox From: Sent: [requester] To: Immigration Representatives / Représentants immigration (IRCC) <[requester email]> Ce: Immigration Representatives / Représentants immigration (IRCC) <[requester email]> Subject: [requester] Dear [requester], We request policy clarification regarding the eligbiliy of spouses of Provincial Nominees to apply for an open work permit (MIA exemption code C41) in situations where the Provincial Nomince (principal foreign national) has applied for restoration of status under LMIA exemption code T13. The eligibility requirements outlined in IRCC’s published instructions (hitpsi/\www.canada.ca/enfimmigration-refigees- citizenship’c orporate/publications-manuals/operational-bulletins- manuals temporary-residents/toreign- workers ‘public-pohicy- competitiveness-econommy/e4 1-v46.hum)) provide that: “For the dependent family member to be elible under subparagraph R205(o)(i), administrative codes C41 or C46, the principal foreign national must, at the time of decision on the family member application, meet all of the following requirements: © The principal foreign national must be authorized to work in Canada by reason of either a valid work permit or provisional approval (thatthe letter of introduction has been issued)... and be authorized (thatthe work permit issued or authorized to work under R186) or be provisionally approved (that the letter of introduction was issued) to work in Canada for a period of at least 6 months or longer after the receipt date of the family member's open work permit application. For example, if the open work permit application was submitted on March 1, 2024, the principal foreign national’s work authorization must be valid until September 1, 2024 (6 ‘months).” Question: Would the spouse ofa Provincial Nomine be eligible to apply for a C41 open work permit while the Provincial Nominee’s restoration application is stil pending a decision? We appreciate your guidance on this matter. Sincerely, [requester]