On May 26, 2023, Canada’s Minister of Immigration, Refugees and Citizenship, Hon. Sean Fraser announced certain measures with the aim to strengthen family class in Canada.
The new measures include the following:
- Faster temporary resident visa (TRV) processing times for spousal TRV applicants
- New and dedicated processing tools for spousal TRV applicants
- A new open work permit for spousal and family class applicants
- Open work permit extensions for open work permit holders expiring between August 1st and the end of 2023
Minister Fraser explained that family members from visa-required countries who have submitted family class permanent residency (PR) applications can apply for Temporary Resident Visas (TRV) to join their sponsor in Canada. He further explained that IRCC has been successful in eliminating the backlog of TRV applications for family members who already have a permanent residency application being processed. IRCC’s new approach towards spousal TRV applications has approved more than 98% of applications for spouses and their dependent children so that they can be with their families while waiting for their permanent residence applications to be finalized.
Canada has also made open work permits available for spousal applicants and their dependent children who reside with their sponsor in Canada and have temporary resident status. Please note the requirement which is “ temporary resident status”. Meaning, the applicant must be in Canada with temporary resident status to be eligible for the open work permit.
Minister Fraser announced that spousal applicants, along with other open work permit holders, whose open work permits expire between August 1 and the end of 2023, will be able to extend their work permits for an additional 18 months. A similar option was recently offered to many with expiring post-graduation work permits.
These measures have been in place to address Canada’s labour shortage and to confirm its commitment to strengthen family reunification.
My advice to applicants is to make sure that you are eligible when you apply for either the TRV or the open work permit.
On May 10, 2023, a temporary public policy came into effect to facilitate the issuance of an open work permit to foreign nationals and their accompanying dependent children who are in Canada and have submitted a complete permanent resident application under the Spouse or Common-Law-Partner in Canada class (SCLPC) or in the Family Class as a spouse, common-law or conjugal partner.
I would like to reiterate that to be issued an open work permit under this public policy the applicant must meet all the criteria at the time of application submission.
The following foreign nationals are not eligible under this exemption category:
- applicants whose application for permanent residence under the SCLPC or FC has been refused, withdrawn, or returned.
- applicants whose application for permanent residence is being processed under the spousal public policy on the basis that they do not have a valid temporary resident status.
- foreign nationals who submit the work permit application as part of a permanent resident application using the Permanent Residence Portal
- applicants who submit their application at a port of entry because they must have already been authorized to enter Canada as temporary resident under section A22 to be eligible.
If you have questions regarding the above article, you may contact Marjorie at [email protected]
Source: Immigration, Refugees and Citizenship Canada (IRCC)
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain, or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of CICC. The views expressed in this article do not necessarily reflect those of RCIC’s.