Part 4/4: Employer Strategies For Expiring Open Work Permits; Using Express Entry And PNPs To Retain Talent

Part 4: Using Express Entry and PNPs to Retain Talent

Learn the permanent residence options for Canadian employers who want to retain foreign workers with expiring Open Work Permits, including the Express Entry and Provincial Nominee Programs (PNPs).

Why Employers Are Searching for PR Options?

As employers continue to navigate a competitive labour market, one of the most effective long-term retention strategies is supporting employees in obtaining permanent residence (PR). (see Part 1)

Where temporary work permit options are limited or nearing expiry (see Part 2 & Part 3) PR pathways, particularly Express Entry and Provincial Nominee Programs (PNPs), become critical tools.

Beyond Work Permits: PR Options

1. Starting Point: Is Express Entry an Option?

Before exploring provincial options, it is always worth assessing eligibility under Express Entry, Canada’s federal, points-based immigration system.

Express Entry ranks candidates using the Comprehensive Ranking System (CRS), which considers factors such as language ability, age, education, and work experience.

On paper, it is the most attractive pathway. It does not require employer support; it is relatively streamlined once an invitation is issued; and it can be one of the fastest routes to permanent residence.

However, this is where expectations and reality often diverge.

Express Entry is largely designed for higher-skilled occupations under the NOC TEER system, typically TEER 0 through 3. While this captures many managerial, professional and technical roles, it excludes a significant portion of the workforce that employers rely on every day. For example, roles such as shippers and receivers, material handlers, cashiers, retail salespersons, home support workers, food and beverage servers etc. fall within TEER 4 and 5, and in many cases, there is simply no viable federal pathway available for these individuals, even where they are essential to the business.

Even for those who are eligible, the challenge becomes competitive scoring. CRS cut-offs remain high, and recent draws have increasingly focused on targeted categories such as French-language proficiency and healthcare occupations. As a result, many strong candidates – despite being well-established in Canada and valuable to their employers – do not receive invitations.

This is often the point where employers realize that Express Entry alone may not be enough.

2. The Alternative: Provincial Nominee Programs

When Express Entry is not immediately viable, Provincial Nominee Programs offer a practical and often more accessible alternative.

PNPs allow provinces and territories to nominate individuals for permanent residence based on local labour market needs. In doing so, they bridge a critical gap between federal selection criteria and real-world workforce demands.

Each province is allocated a limited number of nominations by the federal government and uses those allocations strategically to address labour shortages. A nomination is not permanent residence itself, but it is a significant step forward. It allows the individual to move into a second stage to the federal PR application with a clear advantage.

While PNPs were once considered secondary to federal programs, they are now in extremely high demand. This shift reflects a broader reality: the federal system does not always capture the full range of workers that employers need to retain.

For employers, PNPs offer something Express Entry often cannot—a pathway that aligns directly with business needs. They can support employees who may not have competitive CRS scores or who fall outside the higher-skilled TEER categories, but who remain critical to operations.

Ontario as a Practical Example

Every province and territory operates its own provincial nominee program to address local labour shortages. As a practical example, let’s look at the Ontario Immigrant Nominee Program (OINP).

One of the most frequently used pathways for foreign workers is the Employer Job Offer: Foreign Worker stream, which operates on a points-based system and is designed for individuals in skilled positions with a permanent, full-time job offer from an Ontario employer.

For employers seeking to retain recent graduates, the Employer Job Offer: International Student stream is often particularly effective. This stream does not require prior work experience, making it a strong option for individuals who have completed eligible Canadian education and transitioned directly into the workforce.

Ontario also offers the In-Demand Skills stream, which targets a specific and limited list of occupations in lower TEER categories. As the name suggests, eligibility is restricted to roles identified as experiencing labour shortages, but where applicable, it can provide a critical pathway for employees who would otherwise not qualify under federal programs.

It is also important to note that the OINP is currently in a period of transition. Program criteria, stream structures, and selection processes are evolving in response to broader immigration policy changes, and employers should expect continued adjustments moving forward.

Employer Involvement: What Is Actually Required?

A common concern is the level of employer commitment required to support these applications. In reality, the involvement is generally limited. Employers are typically required to provide a job offer and support certain documentation, but this does not create an indefinite obligation.

Importantly, participation in these programs does not override standard employment law principles. Employers retain the ability to make employment decisions as needed. While termination may have consequences for the employee’s immigration process, it does not impose additional liability on the employer.

Maintaining Work Authorization During the Process

One of the most important practical considerations is what happens after a nomination.

Applying for permanent residence does not, in itself, provide work authorization. However, once an individual is nominated, or has progressed to a certain stage in their PR application, they may become eligible for alternative work permit options.

For employees with expiring status, a provincial nomination can be particularly valuable. It may allow access to a Bridging Open Work Permit or a closed, employer-specific work permit. In practical terms, this means the employee can continue working while the permanent residence application is being processed, ensuring continuity for the employer and stability for the individual.

A Strategic Approach to Retention

Employers invest significant time and resources into recruiting and training foreign workers. Losing that talent due to immigration barriers can be costly and disruptive.

Supporting permanent residence is often a far more efficient solution. The key is to approach these pathways strategically and early, rather than as a last-minute response to an expiring work permit.

In many cases, the difference between losing an employee and retaining them long-term is not eligibility – it is timing, planning, and choosing the right pathway.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.