Open Work Permits for Family Members of Temporary Workers
Posted on 28/01/2023
As we informed you in our blog in June of 2022, IRCC announced a plan to provide the possibility of an open work permit to eligible family members of temporary workers. This built on the earlier proposal of giving temporary workers an easier pathway to permanent residence through open work permits. It was announced as a way to make it easier to bring family members of temporary workers to Canada as well as to solve Canada’s impending labour shortage by allowing needed workers already in Canada on a temporary work permit to transition to permanent resident status by gaining added experience under an open work permit.
The plan was to first allow family members of workers in higher TEER categories to be eligible (basically higher-skilled workers) for open work permits and then allow family members of workers in lower TEER categories to be eligible.
The government of Canada has now announced that as of January 30, 2023, family members of workers from both high and lower-level TEER categories can apply for open work permits. The only workers whose family members will not be eligible for the time being, are seasonal agricultural workers.
Who’s Eligible?
There are 3 main groups of eligible family members.
I: A spouse, common-law partner, or dependent child (18 or older) of a temporary worker with a work permit in any TEER category (0 to 5) – EXCEPT those of seasonal agricultural workers in TEER categories 4 or 5 and workers in the Agricultural Stream of the Temporary Foreign Worker’s Program. The requirements vary a little depending on the level of skill of the temporary worker of that family member:
- For TEER categories 0, 1, 2, & 3 (High-skilled workers):
- The worker must:
- Have a valid work permit or an authorization to work without a work permit. However, family members of international students with permission to work off-campus or students transitioning to a PGWP status are NOT eligible.
- Have at least 6 months remaining on their work permit when their family member applies for an open work permit
- Be employed in a TEER category 0, 1, 2, or 3 occupation
- Be living in Canada (or plan to live in Canada) while working
- The family member must:
- Meet the general eligibility requirements for a work permit
- Be a genuine spouse/common-law partner/dependent child/child of a dependent child
- However, a dependent child cannot be the principal worker holding a work permit – in other words, parents or grandparents of the principal worker cannot use this program to apply for an open work permit.
- If the family member is already in Canada they must have a valid legal status in Canada, or have applied to extend their permit/status, or be eligible to restore their status.
- For TEER categories 4 & 5 (Low-skilled workers):
- The worker must:
- Have a valid work permit or an authorization to work without a work permit. However, family members of international students with permission to work off-campus or students transitioning to a PGWP status are NOT eligible.
- Have at least 6 months remaining on their work permit when their family member applies for an open work permit
- Be employed in a TEER category 4 or 5 occupation
- Be living in Canada (or plan to live in Canada) while working
- The family member must:
- Meet the general eligibility requirements for a work permit
- Be a genuine spouse/common-law partner/dependent child/child of a dependent child
- However, a dependent child cannot be the principal worker holding a work permit – in other words, parents or grandparents of the principal worker cannot use this program
- If the family member is already in Canada they must have a valid legal status in Canada, or have applied to extend their permit/status, or be eligible to restore their status.
- The worker must:
- The worker must:
II: A spouse, common-law partner, or dependent child of an Open Work Permit holder – usually a Post-Graduate Work Permit holder. Remember that you have to have successfully applied for and obtained your PGWP for your family members to be eligible to apply for their own open work permit.
III: A spouse, common-law partner, or dependent child of an Applicant for Permanent Residence who also holds a valid temporary work permit. The requirements for the principal foreign worker and the family members are as follows:
- The principal worker must:
- Hold a valid work permit
- Have the work permit expire at least 6 months after the open work permit application is received
- Live and work in Canada
- Have one of the following:
- A work permit issued as a result of applying for permanent residence through one of the following streams:
- FSWC – Federal Skilled Worker Class
- CEC – Canadian Experience Class
- FSTC – Federal Skilled Trades Class
- Caring for children Class or Caring for people with high medical needs Class – as long as was issued before June 18, 2019
- PNP – Provincial Nominee Program for which no employer restrictions
- AFP – Agri-food Pilot
- QSWC – Quebec Skilled Workers Class
- A nomination letter from a province or a Quebec Selection Certificate (QSC)
- A work permit issued as a result of applying for permanent residence through one of the following streams:
- The family member must:
- Meet the general eligibility requirements for a work permit
- Be a genuine spouse/common-law partner/dependent child/child of a dependent child
- However, a dependent child cannot be the principal worker holding a work permit – in other words, parents or grandparents of the principal worker cannot use this program
- Be listed as a dependent in the worker’s permanent residence application
- If the family member is already in Canada they must have a valid legal status in Canada, or have applied to extend their permit/status, or be eligible to restore their status.
How do I apply for an Open Work Permit?
If you are already inside Canada, you normally apply online, as follows:
- You’ll need a scanner or digital camera to make electronic copies of your documents that you will then upload online.
- Read Guide 5553 – Applying for a Work Permit Inside Canada – online applications found here. Do this before you start your online application. It’s a fairly long document and you don’t have to understand every detail but it will tell you what to do at each step, so it’s very helpful.
- If you cannot apply online use Guide 5553 – Applying for a Work Permit Inside Canada- paper applications found here.
- If you’re in Canada and applying for an Open Work Permit (or any other work permit) there is now a temporary exemption on giving biometrics. In other words, you do NOT have to give biometrics even if the online process says you do.
- Use form IMM 5556 – Document Checklist Worker (In Canada Applicant) to see what supporting documents you’ll need to gather. Then, when you apply online, you’ll be given a personalized document checklist. Use this personalized checklist to put together your list of supporting documents you’ll need.
- Start the online process at this page here. Answer the questions and you’ll be taken to the page for applications from inside Canada. Scroll down and click the blue Create an account or sign in
- Pay the fees.
- Fill in the forms completely and accurately. Use the guide (IMM 5556) to help you with any questions or fields (boxes you fill in) that you don’t understand.
- Sign and date your forms.
- Submit your application online, including fees and supporting documents. It’s all done online.
What Happens Next?
If your application is rejected as incomplete and your visa is about to expire, you have to restore your status before submitting another application.
If your application is complete the Case Processing Centre will send you:
- An open work permit, OR
- A letter refusing your application, OR
- A notification that your application has been sent to a local Canada Immigration Centre for further assessment.
What if the Family Member isn’t eligible for an Open Work Permit?
They may be able to apply for an employer-specific work permit instead. Go to this IRCC page to see if you’re eligible for an open work permit or an employer-specific one.
What if the Family Member does not want to work when they come to Canada?
They can instead apply for a visitor visa or a student visa if they are interested in studying in Canada.
Am I eligible for the Global Skills Strategy Program?
This program announced in 2019 is meant to attract high-skilled foreign workers to Canada in innovative sectors of the economy. You have to either have a job offer that is in an LMIA-exempt occupation or have a positive LMIA that your Canadian employer has applied for directly to the government.
If you are the family member of a Global Skills Strategy worker (TEER categories 0 and 1), you may be eligible for 2-week processing of your Open Work Permit application.
How about Family Members of Agricultural Workers?
Here’s what the government said when they announced the overall plan in 2022:
Phase 3 will include consultation with agricultural partners and stakeholders to assess operational feasibility for expanding the measure to family members of agricultural workers.
In other words, at some point in the future they’ll talk with stakeholders in the agricultural sector and think about it. So, it’s definitely not an immediate possibility but it may happen at some point over the next few years.
SOURCES
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5556e.pdf
Posted in News Tips and tagged Open Work Permit
