Open Work Permits Canada For Family Members Of Temporary Workers
As of today (January 30, 2023), spouses and children of working age who are temporary workers of all skill levels are now eligible for Open Work Permit Canada.
Sean Fraser, the minister of immigration, claims that extending family work permits, this decision will assist employers in filling their labour shortages. This extends to the relatives of primary applicants for the International Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP) categories. Over 200,000 international employees will thus be able to find employment in Canada.
Children of principal applicants of all skill levels who are working age (16 years old or older) are covered by this temporary policy for the next two years. Families of employees in the healthcare, trades, and hospitality industries are included. More than 200,000 foreign employees’ families are anticipated to be able to work in Canada thanks to this temporary program.
What's new on the Open Work Permit Canada?
Before, spouses could only apply for a work permit if the primary candidate has employed in a NOC TEER CODES TEER 0, 1,2 or 3 highly skilled occupation. With the implementation of this interim solution, spouses and working-age children of employees at all skill levels will be eligible.
Who's eligible for an open work permit?
Individuals can apply for Open Work Permit Canada with IMP or TFWP work permits employed at any skill level (NOC TEER CODES 0, 1, 2, 3, 4, or 5).
Children under 22 who do not have a spouse or common-law partner are considered dependents and can apply for this program. Children who have depended on their parents financially since before they became 22 and cannot sustain themselves due to a mental or physical condition qualify as dependents for this program if they are 22 years old or older.
This temporary policy will be implemented in stages, starting with those employed through the TFWP’s high-wage stream and IMP. After that, the policy will be extended to low-wage temporary foreign workers. Finally, IRCC will hold consultations to decide whether to develop this approach for agricultural employees’ families.
How do we get a work permit in Canada?
You can get a work permit under two major work permit programs:
The main difference between the two is that the IMP allows Canadian employers to hire TFWs on a Canadian work permit without requiring an LMIA (Labour Market Impact Assessment). On the other hand, the regular TFWPs require employers to test the Canadian labour market to prove a labour shortage by receiving an LMIA and consequently applying for Work Permit.
What is an IMP work permit in Canada?
The International Mobility Program (IMP) allows employers to hire temporary workers without an LMIA, which does not mean being exempt from obtaining a work permit required to work in Canada legally. Exemptions from the LMIA process are based on both of the following:
- The broader economic, cultural, or other competitive advantages for Canada (Significant benefits such as Entrepreneurs and Self-Employed Persons, dependents of Foreign Workers (Open Spouse open work permit Canada or students, French-Speaking Skilled Workers, Academics, Charitable or religious workers, and Intra-Company Transferees)
- The reciprocal employment benefits enjoyed by Canadians and permanent residents (Such as International Agreements and International Exchange Programs)
Which occupations are exempt from LMIA?
1- Related to an international agreement like CUSMA or GATS, and non-trade agreements. This can include professionals, traders, and investors.
2-Related to an agreement between Canada and a province or territory. This includes “significant investment” projects.
3- Exempt for “Canadian interests” reasons:
A-“significant benefit” – if your employer can prove you will bring an essential social, cultural, and economic benefit to Canada. This can include:
- General: Self-employed engineers, technical workers, creative and performing artists, etc.
- Workers transferred within a company (intra-company transferees, ICT Work Permit, with specialized knowledge) – only those that will benefit Canada with their skills and experience.
- Workers under Mobilité francophone
B- Reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
- General (such as professional coaches and athletes working for Canadian teams)
- International Experience Canada (IEC)– a work abroad program for youth and young professionals
- People in exchange programs, like professors and visiting lecturers
C-Designated by the Minister
- Academics, including researchers, guest lecturers, and visiting professors (sponsored through a recognized federal program)
- Competitiveness and public policy (Medical residents and fellows & post-doctoral fellows, and people who have won academic awards from Canadian schools)
D-Charity and religious work (not including volunteers)
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