IRCC Program Delivery Updates has published an operational update concerning persons with protected status under A95(2), R207(c) and A70 in the International Mobility Program. The supplied source material does not provide the text of the revised instructions or an effective date.
Who is eligible for an open work permit?
To qualify under R207(c), an applicant must be a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act (IRPA) and continue to meet the requirements of the applicable class when the work permit decision is made.
This includes:
- Convention refugees;
- persons in need of protection as determined by the Immigration and Refugee Board of Canada (IRB);
- persons who received a positive pre-removal risk assessment (PRRA) resulting in refugee protection; and
- temporary residents holding a temporary resident permit for protection reasons.
The person’s claim or application for protection must not subsequently have been rejected, ceased or vacated.
Applications are generally submitted online through an IRCC Secure Account or the Authorized Paid Representative Portal. Paper applications are available only where the regulatory requirements permitting their use are met.
What documents can establish protected person status?
IRCC identifies several documents that can be used as evidence.
A Convention refugee or person in need of protection recognized by the IRB may provide their Notice of Decision.
A person who obtained protection following a positive PRRA may provide the decision letter or a Verification of Status document.
Importantly, if a PRRA-protected person does not submit a copy of the relevant document, IRCC instructs officers not to request it where the person’s status can be confirmed through the Global Case Management System (GCMS).
Protected persons also remain exempt from the requirement under section R52 of the Regulations to hold a valid passport or travel document.
Protected persons are exempt from mandatory biometrics
IRCC confirms that protected persons applying for a work permit from within Canada are exempt from the mandatory biometrics collection requirement.
Where valid biometrics are already available for reuse, IRCC’s system automatically processes the biometrics assessment.
Where no valid biometrics are available, officers must manually record the applicant as exempt and cancel the biometrics fee.
If an applicant paid a biometrics fee despite qualifying for the exemption, IRCC instructs that the fee must be refunded. If a Biometrics Instruction Letter has already been issued but biometrics have not yet been provided, the officer must advise the applicant that biometrics are not required.
An officer may still require biometrics where necessary to establish identity or verify compliance with the Immigration and Refugee Protection Act.
Medical examination results can affect work permit conditions
Officers must review applicable immigration medical examination results before issuing the work permit.
IRCC states that open work permits may be issued where protected persons have valid medical results assessed as M1, M2, M2/3, M3 or M5.
Where medical results have expired, occupational restrictions must be imposed on the work permit.
For M4 or M6 results, a work permit cannot be issued where public health or public safety concerns are involved. If the relevant condition has been controlled, a new medical examination is required before a permit can be issued.
Losing permanent resident status does not necessarily end eligibility
The updated instructions also address protected persons who previously became permanent residents but later lost their permanent resident status.
IRCC explains that loss of permanent resident status does not, by itself, mean that the person has lost protected person status.
The individual continues to be considered a protected person unless and until proceedings to cease or vacate their protection result in a decision removing that status.
Until refugee protection is vacated, the person may therefore remain eligible for a fee-exempt open work permit under R207(c).
Work permits can be issued for up to 24 months
For approved applications, IRCC instructs officers to issue an open or open-restricted work permit under exemption code A70.
The permit may be issued for a maximum of 24 months, subject to applicable limitations, including the expiry of biometrics recorded on file.
IRCC’s issuance instructions identify:
- exemption code: A70;
- employer: Open;
- intended occupation: Open or Open Restricted;
- NOC: 99999; and
- maximum duration: 24 months.
The permit must also state that it does not confer temporary resident status under section R202 of the Immigration and Refugee Protection Regulations.
Work permit fees are waived
Protected persons applying under these instructions are exempt from both major work permit fees.
The regular work permit processing fee is exempt under paragraph R299(2)(b), while the open work permit holder fee is exempt under paragraph R303.2(2)(a).
IRCC uses exemption codes E01 for the work permit processing fee and P01 for the open work permit holder fee.
Officers must provide adequate reasons for refusals
The updated instructions also contain detailed guidance for officers refusing an application.
IRCC states that simply recording that the officer reviewed the submissions but is not satisfied that R207(c) has been met is not sufficient.
Officers are expected to engage with the documentary evidence and provide reasons that make the basis for the decision understandable.
Where an applicant does not meet the eligibility requirements, the refusal should be connected to the applicable requirements under R200 and R207, with the relevant grounds reflected in both the officer’s notes and the refusal letter.
What this means for protected persons
The instructions provide a detailed framework for protected persons seeking authorization to work in Canada.
Eligible protected persons may receive an open work permit for up to 24 months without paying the work permit processing fee or open work permit holder fee. They are also exempt from mandatory biometrics for an in-Canada work permit application and do not need to hold a valid passport or travel document solely to meet the R52 requirement.
The instructions also clarify an important distinction for former permanent residents: losing permanent resident status does not automatically terminate protected person status or eligibility under R207(c). Protected status continues unless it is formally ceased or vacated.
The IRCC instructions are dated September 22, 2026.
Source: IRCC Program Delivery Updates