Pathways for Undocumented U.S. Residents to Immigrate to Canada

by Daniel Peimbert | Feb 4, 2025 | Immigration, Temporary Residence, Tips

If your work permit is approaching its expiry date while your Permanent Residence (PR) application sits in Immigration, Refugees and Citizenship Canada’s (IRCC) processing queue, you are likely feeling the pressure. Historically, applying for a Bridging Open Work Permit (BOWP) or a work permit extension required one crucial document: an official Acknowledgement of Receipt (AOR) proving that IRCC passed your PR file through its initial Section 10 (R10) completeness check.

Without an AOR, thousands of applicants faced the immediate risk of losing their legal authorization to work in Canada.

To address these administrative processing delays, IRCC issued Operational Bulletin 699 (OB 699). Under this temporary measure, eligible Provincial Nominee Program (PNP) applicants physically present in Canada can extend their work authorization using alternative proof of PR submission—without waiting for an AOR.

Policy Snapshot: Operational Bulletin 699

Feature	Key Details
Official Reference	IRCC Operational Bulletin 699
Effective Period	In effect from June 9, 2026 through December 31, 2026 (unless revoked earlier by IRCC)
Location Requirement	Applicant must be physically present in Canada
Eligible PR Streams	In-Canada Base (non-Express Entry) PNP and Express Entry-aligned PNP streams
Accepted Alternative Proof	Automated PR Portal Submission Confirmation Email + Official IRCC Fee Receipt

Which Work Permits Are Covered Under This Policy?

This temporary measure allows eligible in-Canada applicants to apply for three specific work permit streams without providing an AOR:

Bridging Open Work Permit (BOWP / Category A75): Enables eligible PNP nominees to maintain open work authorization for any employer while IRCC processes their PR application.
Employer-Specific PNP Work Permit (Category T13): Allows nominees to renew their closed work permit with their nominating employer, even if their provincial nomination certificate has expired due to IRCC processing backlogs.
Spousal Open Work Permit (SOWP): Permits the accompanying spouse or common-law partner of the principal PNP applicant to extend or obtain an open work permit concurrently.

Required Alternative Documentation

Because you cannot provide a formal AOR letter, you must upload alternative evidence proving your PR application is submitted and pending in the IRCC portal:

PR Portal Submission Confirmation: A copy of the automated email receipt generated immediately upon submitting your electronic PR application through the IRCC Permanent Residence Portal.

Official IRCC Proof of Payment: The official fee receipt confirming that all applicable PR processing fees and the Right of Permanent Residence Fee (RPRF) have been paid in full.

Mandatory IRCC Requirement: If IRCC has already issued your official AOR letter prior to submitting your work permit extension, you must submit the actual AOR letter. The alternative proof mechanism is strictly reserved for applicants whose AOR has not yet been generated.

Critical Action Steps: Safeguarding Your Status

1. Apply BEFORE Your Current Work Permit Expires

Timing is paramount under the Immigration and Refugee Protection Regulations (IRPR). Submitting your work permit application before your existing permit expires automatically grants you maintained status (formerly referred to as implied status). This status legally authorizes you to continue working in Canada under your existing conditions while IRCC renders a decision.

2. Update Your Application via IRCC Webform

When IRCC completes the R10 completeness check and issues your formal AOR letter, you must immediately upload a copy of that letter to your pending work permit file via the IRCC Webform to complete the application record.

3. Verify Complete PR Documentation

Relying on alternative proof allows you to file the work permit application, but it does not guarantee PR completeness. If IRCC later determines during the R10 check that your PR application is incomplete, the PR file will be rejected and returned. Consequently, the underlying foundation for your work permit extension will be invalidated, leading to a refusal.

Common Pitfalls That Lead to Refusal or Status Loss

Failing to File Before Expiry: Maintained status only applies if IRCC receives your work permit application prior to midnight UTC on the date your current permit expires. Submitting even one day late results in loss of legal status and requires a restoration application.
Applying from Outside Canada: Operational Bulletin 699 applies strictly to candidates physically present inside Canada. Applicants outside Canada must follow standard entry and work permit processing rules.
Omitting the Official Fee Receipt: Submitting the portal email confirmation without the official IRCC receipt showing full payment of processing fees will result in the immediate rejection of your work permit application.
Submitting Alternative Proof When an AOR Exists: If an AOR was already issued in your portal or sent via email, attempting to use alternative submission proof instead of the formal letter violates policy guidelines.

Retain Professional Advisory for Your Application

Navigating temporary public policies, maintaining legal work authorization, and meeting strict regulatory deadlines require precise execution. A single missing document or miscalculated timeline can jeopardize your ability to remain and work legally in Canada.

Whether you require a comprehensive review of your work permit application under Operational Bulletin 699, verification of your PR portal documents, or guidance on maintaining your status, our team is available to assist.

👉 Schedule a Consultation with an RCIC Today or contact our office to review your case and ensure your continuous authorization to work in Canada.

We have seen an increase in inquiries from people living in the US without legal status who are interested in coming to Canada.

However, immigrating to Canada can be complex, especially for those without legal status in their current country of residence.

This blog explores the possible pathways for undocumented individuals in the U.S. who wish to immigrate to Canada.

1. Refugee Claims

Canada offers protection to individuals who are at risk of persecution, cruel treatment, or danger in their home country. To seek asylum in Canada, individuals must:

Prove that they are unable to return to their home country due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group.
Apply either at a port of entry or from within Canada (though options may be limited under the Safe Third Country Agreement, which generally requires asylum seekers to apply in the first safe country they arrive in, unless they meet an exception).
Have a strong case with supporting documentation to prove their claim.

2. Family Sponsorship

If an individual has a close relative in Canada who is a citizen or permanent resident, they may be eligible for sponsorship under the family class category. This includes:

Spouses, common-law partners, or conjugal partners
Dependent children
Parents or grandparents (under specific conditions)

Sponsors must meet financial and other eligibility requirements to support the applicant.

3. Humanitarian and Compassionate (H&C) Considerations

Undocumented individuals in the U.S. who do not qualify for other immigration programs may apply for permanent residence in Canada based on humanitarian and compassionate grounds. This option is assessed on a case-by-case basis and considers:

Establishment in Canada (if the individual has been living there already)
Best interests of any affected children
Hardships the individual may face if forced to return to their home country

This is not a guaranteed pathway and is subject to discretion by immigration officials.

4. Express Entry and Provincial Nominee Programs (PNPs)

While Express Entry and PNPs primarily aim for skilled workers, individuals with legal work experience and who meet education and language requirements may qualify.

Express Entry: This category includes programs like the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP), and Canadian Experience Class (CEC).
Provincial Nominee Programs: Some provinces may have unique pathways that consider candidates with job offers, work experience, or connections to the province.

5. Temporary Resident Visa (TRV) and Work Permits

Individuals may explore temporary residence in Canada through:

Study Permits: Enrolling in a designated learning institution may allow them to obtain a study permit and later apply for a Post-Graduate Work Permit (PGWP) leading to permanent residence.
Work Permits: Some work permits are employer-specific, while others, like the Open Work Permit, allow more flexibility. However, securing a work permit can be challenging for those without legal status in the U.S. For this reason, we recommend that our clients apply from their home country or another country where they can have legal status.

6. Seeking Legal Advice

Given the complexities of Canadian immigration law, it is strongly recommended that undocumented individuals in the U.S. consult with a licensed Canadian immigration consultant or lawyer. Each case is unique; professional advice can help determine the best available pathway.

Final Thoughts

Immigrating to Canada without legal status in the U.S. presents challenges, but viable options exist depending on individual circumstances. Whether through refugee claims, family sponsorship, humanitarian applications, or economic immigration programs, each pathway requires careful planning and legal consideration.

Contact us today for personalized advice on your Canadian immigration options. Our team is here to guide you through the process and help you explore the best route to achieving your immigration goals.