Spouse Open Work Permit Available For Some Foreign Workers 2023
Starting in 2023, the spouse open work permit Canada is available for some work permit holders to allow them to work in Canada. This move is intended to keep the families of these individuals together.
Family members of temporary foreign employees in Canada are now eligible for Open Work Permits (OWP). By making it easier for employers to find the worker they need, extending the eligibility for work permits to family members travelling to Canada with the principal applicant would help address the labour shortage.
What change was made to open work permit canada requirements?
Before this change, the spouses could only apply for a open work permit Canada spouse if the foreign nationals were in Canada as skilled workers with a valid work permit or a valid Post-Graduate Work Permit (PGWP) and they were working in one of the National Occupational Classification (NOC) categories 0, A, or B.
Starting in January 2023, Canada will phase in the expansion of spouses and children (Working age) who are eligible to work there for all skill levels through a temporary 2-year measure. This would include, for instance, employees’ families in the hospitality, trades, and healthcare sectors.
This interim approach hopes to enhance the workers’ physical health, mental stability, and financial security by keeping families together. It is anticipated that, as a result, the employee will fit in with their community and workplace better.
According to estimates, more than 200,000 foreign workers’ families could start working in Canada because of this new strategy, providing more opportunities for both foreign workers looking for employment there and for companies trying to fill their labour shortages.
How this change will be implemented?
To ensure the temporary measure’s successful implementation, it will be carried out in three stages:
- Family members of workers entering Canada via the high-wage stream of the Temporary Foreign Worker Program or the International Mobility Program will be permitted to apply for an open work permit during Phase 1.
- Following consultations, Phase 2 will try to extend the measure to relatives of workers from the Temporary Foreign Worker Program’s low-wage stream.
- To determine if extending the policy to the families of agricultural workers is operationally feasible, phase three will involve dialogue with agricultural partners and stakeholders.
What is an open work permit Canada?
An Open Work Permit (OWP) is not job specific. You won’t require a Labour Market Impact Assessment (LMIA) or evidence that a business has offered employment when you apply for your work visa because it is not job-specific (employer-specific work permit).
Who can apply for Open Work Permit Canada?
- The spouse or common-law partner of an international student or a skilled worker  (Open Work Permit Canada Spouse).
- Foreign students who completed their studies at a DLI and are qualified for the Post-Graduation Work Permit Program (PGWPP)
- Students who are no longer able to pay for their education (destitute students)
- An employer-specific work permit holder who is experiencing or in danger of experiencing abuse with their job in Canada
- Already applied for Canadian permanent residency in Canada and their dependent family member.
- The spouse or common-law partner of an Atlantic Immigration Pilot Program candidate.
- A refugee, refugee claimant, protected person or their family member
- Under an unenforceable removal order
- A temporary resident permit holder
- Young workers participating in special programs
What is a Spouse Open Work Permit?
The Open Work Permit Canada Spouse (OWP) is an excellent program for those international students or foreign workers in Canada with a valid study or work permit and who would like to apply for an open work permit for their spouse. This program can be one of the bridging mechanisms for such candidates to transition from temporary resident status to permanent residency. An opportunity for International Students to earn back their investment in their education in Canada. Return on investment is high even if the international student doesn’t qualify for PR.Â
In most cases, a foreign national first needs a positive LMIA (Labour Market Impact Assessment) decision before applying for a Work Permit. Under the International Mobility Program (IMP), an open work permit may be issued to a spouse of foreign nationals who are in Canada as a student or as a skilled foreign worker to enable them to work for any employer for a specified period only under one of the LMIA exemptions codes (C41 or C42). An open work permit, not the employer, may restrict the occupation or location.  Â
The spouses may apply for an Open Work Permit if the foreign nationals are in Canada as full-time students with a valid Study Permit or as skilled workers with a valid work permit or a valid Post-Graduate Work Permit (PGWP). They work in one of the National Occupational Classification (NOC) categories 0, A, or B. The spouses will not require a job offer or positive LMIA to apply; their permit will be valid for the same period as a study or work permit holder.Â
There is 2 Open work permit LMIA exemption categories for spouses:Â
1-Spouses of Skilled Workers [Exemption code C41]
Spouses or common-law partners of skilled people coming to Canada as foreign workers may be authorized to work without having an employment offer. A dependent spouse can apply for an open work permit for spouse under LMIA exemption code C41. Suppose the principal foreign worker is the open work permit holder (for example, a post-graduation work permit). In that case, IRCC officers cannot assess the skill level based on the open work permit. So, the spouse applying for the C41 exemption must attach proof that the principal worker is employed in an occupation in skill type 0 or skill level A or B.Â
Hi, I am from Bangladesh I applied for a Canada work permit with my family last year and got refused. The reason for refusal they mentioned in the GCSM notes is that I reapplied this time with the proper documentation, but this time, they refused my spouse and kids’ application, and my application is in process. My agency suggests I go to Canada first and then apply for the family after 2-3 months, but I don’t want to go alone; I want to take my family with me. I showed sufficient funds for them but was still refused. That is why I was looking for an immigration expert handling visa rejection cases, and I found yours. Under these circumstances, please suggest a possible way to take my family to Canada. I am looking forward to hearing from you. Thanks
Consider reassessing documentation, seeking guidance from a qualified RCIC or immigration lawyer, and exploring alternative immigration pathways. Options include appealing, reapplying with stronger evidence, or considering temporary separation if necessary. Utilize local resources for support.