part of an economic class of immigrants.243 If the foreign national is accepted to one of these programs, they obtain permanent residence status, which allows them to either engage in employment with an established company or engage in self-employed work without requiring a work permit. Programs that a stateless person could apply for if eligible include: the Start-up Visa pilot project; the Express Entry Program (ie. Federal Skilled Workers, Federal Skilled Trades Program and the Canadian Experience Class); the Provincial Nominee Program; and the Spousal or Common-law Partner Class.244 If a foreign national is inadmissible to Canada, the application will be refused. However, in such cases the foreign national could apply for permanent residence in Canada and seek an exemption from the Minister.245 b. Open Work Permits – Temporary Resident Status Most temporary workers in Canada must have a job offer or authorization from Employment and Social Development Canada (known as a Labour Market Impact Assessment, or LMIA) before being granted a work permit.246 These are known as closed work permits. However, an open work permit is not tied to a specific job/employer and would allow a foreign national in Canada to establish his or her own business and be self-employed.247 It is only in specific instances that a foreign national in Canada is eligible to apply for an open work permit. The instances include: • Refugee claimants whose claims have been referred to the Immigration and Refugee Board • • • • • (IRB) and to foreign nationals who are subject to an unenforceable removal order and they cannot otherwise support themselves (IRPR, s. 206(1)(a) or (b)); Members of the live-in caregiver class who have met the requirements for permanent residence, or they are a family member of a member (IRPR, s. 207(a) or (e)); Members of the spouse or common-law partner class, or they are a family member of a member (IRPR, s. 207(b) or (e)); Persons upon whom protection has been conferred in accordance with s. 95(2) of the IRPA (Convention refugees, successful pre-removal risk assessment applicants, etc.), or they are a family member of such a person (IRPR, s. 207(c) or (e)); Persons who have filed an application on humanitarian and compassionate grounds and the Minister has granted an exception, or they are a family member of such a person (IRPR, s. 207(d) or (e)); Persons who hold a study permit and has become temporarily destitute through circumstances beyond their control (IRPR, s. 208(a)); Citizenship and Immigration Canada, “Visa and immigration applications” (24 April 2015), available at: http://www.cic.gc.ca/english/information/applications/index.asp [Visa and immigration applications]. 244 Ibid. See also additional discussion of these programs under Article 32 below. There is also a “Self-Employed Persons Class”, but a foreign national can only apply for it from outside Canada. The “self-employed class” has a specific meaning and is limited to persons who are self-employed in cultural activities, athletics, or the purchase and management of a farm. 245 IRPA, supra note 20 at s. 25(1), 25(1.3), 25.1(1). 246 Citizenship and Immigration Canada, “What is an open work permit?” (9 February 2015), available at: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=176&t=17 [What is an open work permit?]. 247 Ibid. 243 50