Family members of workers under the low wage stream not eligible for the open work permit under the new public policy

On December 2, 2022, Canada’s Immigration Minister, the Honourable Sean Fraser announced that Canada is extending open work permits to family members of temporary foreign workers at all skill levels. Starting January 2023, through a temporary 2-year measure, Canada will extend open work permit to spouses, common-law partners and working age dependent children. This is Canada’s new measure to address the labour shortage.

On January 30, 2023, IRCC released the eligibility requirements for the principal foreign worker and the family members. Spouses and dependent children of workers in a TEER 4 or 5 job under the low wage stream, the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program are not eligible at this time.

Below are the requirements for the principal foreign worker:

The principal foreign worker must meet 4 requirements:

1. They work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • o an authorization to work without a work permit (exception: family members of students who can work off campus or who are transitioning to PGWP are not eligible)
2. Their work permit or their authority to work without a work permit must be valid in Canada for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a low-skilled occupation (TEER 4 or 5 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

Requirements for the family member:

You (the family member) must meet 3 requirements:

1. 1. You meet the general eligibility requirements for a work permit.
2. 2. You’re in a genuine relationship with the person who makes you eligible for this open work permit and are any one of the following:
   • the spouse or common-law partner of the principal foreign worker
   • the dependent child of the spouse or the principal foreign worker
     • A dependent child cannot be the principal foreign worker.
   • the dependent child of the dependent child (grandchild of principal foreign worker or spouse)
3. If you’re in Canada, you’re in one of the following situations:
   • You have a valid temporary resident status.
   • You’ve applied to extend your status before it expired (maintained status).
   • You’re eligible to restore your status.

Please be cautious before you submit your application. You (the principal foreign worker) and the family member must meet all the eligibility requirements above. Low skilled occupation and low wage stream are NOT the same. You may find the stream or program that you have been hired under by checking at the labour market impact assessment approval letter provided by your employer.

If you are unsure, you may call the immigration hotline at 1-888-242-2100 or ask a Regulated Canadian Immigration Consultant (RCIC) with good standing to confirm your stream or program.
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.