Canada Explained: Open work permits for family members of foreign workers

Family members of most foreign workers in Canada can apply for an open work permit, allowing them to work for any employer in Canada, except those who are ineligible or involved in specific adult entertainment sectors.

For family members who do not plan to work, if they are outside Canada, they must apply to visit or study.

For those already in Canada, if the primary worker is extending their stay, family members must apply or extend their stay as visitors or students.

Eligibility for Open Work Permits
High-Skilled Workers
 

1. Family members of high-skilled foreign workers may qualify for an open work permit if the worker meets these conditions:
2. Holds a valid work permit, has an approval for one not yet issued, or is authorized to work without a permit.
3. The work permit or authorized work is valid for at least six months after the family member’s application is received.
4. Is employed or will be employed in a high-skilled occupation (TEER categories 0, 1, 2, or 3).
5. Lives or plans to live in Canada while working.
    

Low-Skilled Workers

1. For low-skilled workers, the conditions are similar but specific to their category:
2. Holds a valid work permit, has approval for one not yet issued, or is authorized to work without a permit.The work permit must be valid for at least six months after the family member’s application is received.
3. Is employed or will be employed in a low-skilled occupation (TEER categories 4 or 5).
4. Lives or plans to live in Canada while working.

Specific Conditions for Family Members
Family members must meet general eligibility requirements for a work permit and be in a genuine relationship with the principal worker. They can be:

• A spouse or common-law partner.
• A dependent child or a grandchild.

For family members already in Canada, they must have valid temporary resident status, have applied to extend their status before it expired, or be eligible for restoration of their status as a visitor, worker, or student.

Exceptions to Eligibility

1. Family members are not eligible if the principal worker:
2.  Has made a refugee claim referred to the Immigration Refugee Board.
3. Is subject to an unenforceable removal order.
4. Is an international student working in a co-op program or off-campus without a permit.
5. Is applying for a post-graduation work permit without a positive decision at the time of the family member's application decision.
   Holds a spousal open work permit.

Special Programs
For workers under the Agri-Food Pilot with a labour market impact assessment (LMIA)-based permit and a permanent residence application, family members are eligible for open work permits.

However, those in the low-wage stream of the Temporary Foreign Worker Program, Seasonal Agricultural Worker Program, or those with specific LMIA restrictions are not eligible.

In all cases, the minimum working age requirements of the province or territory must be met, and open work permit holders must adhere to relevant labour laws.

Application Timing
Depending on the situation, family members can:

• Apply for their work permit simultaneously with the primary applicant, either online or at the port of entry.
• Apply separately, either before or after arriving in Canada.

Application Process

Required Documentation

Applicants must provide documents to prove eligibility. Additional documents may be requested by immigration officers if needed.

For Family Members of High-Skilled Workers:

Proof of Relationship to the Principal Applicant:

• Spouses and Common-Law Partners:
  • Marriage certificate
  • Statutory Declaration of Common-Law Union (IMM 5409)
• Other Dependents:
  • Birth certificate
  • Adoption papers (if applicable)

• Proof of Principal Applicant’s Work Authorization:
  • Copy of work permit or letter of introduction
  • Visitor record showing authorization to work without a work permit

Note: Some family members do not need to provide proof of the principal applicant's work authorization if they apply at the same time as the primary applicant who holds a Post-Graduation Work Permit (PGWP), Quebec Selection Certificate (CSQ) outside of Quebec, or an employer-specific work permit.

Proof of Work Duration:

• Copy of work permit with expiry date
• Letter of introduction (port of entry letter)
• Visitor record with expiry date showing authorization to work without a work permit
• Passport stamps showing the period of authorized work (for work permit-exempt applicants)

For Family Members of PGWP Holders:

• If applying simultaneously, proof of the length of the principal applicant's authorized work period is not required.
• Proof of Employment in a TEER Category 0, 1, 2, or 3 Occupation:
  • Letter from the current employer detailing employment information, job description, and NOC or TEER category
  • Offer of employment letter

Special Considerations

International Mobility Program Plus (IMP+) (CSQ Holders Outside Quebec):

Family members do not need to provide proof of the TEER category if the primary applicant holds or is approved for an IMP+ work permit.

How IRCC processes your application
Applying Together
Online Application

• Eligibility: Ensure that both the principal applicant and family members are eligible to apply online together.
• Step 1: The principal applicant's application is processed first.
• Step 2:
  • If Approved: Family member applications submitted simultaneously will be processed.
  • If Refused: Family member applications will also be refused, but the open work permit holder fee will be refunded (processing fees will not be refunded).
     

Port of Entry Application

• Eligibility: Ensure the program allows applying at the port of entry.
• Step 1: The principal applicant’s application is processed first.
• Step 2:
  • If Approved: Family member applications will be processed if the principal applicant’s application is approved.
  • If Refused: Family member applications will be refused, and only the open work permit.

Applying Separately

•  
• Family members can apply for a work permit after the principal applicant has applied, even if they were eligible to apply together.
• Step 1: 
• The principal applicant’s application is processed first.
• Step 2:
• If Approved: Family member applications will be processed as they are received.
• If Refused: Family members cannot apply for a work permit, but the open work permit holder fee will be refunded (processing fees will not be refunded).
   

Entry to Canada

• The principal applicant must enter Canada before or at the same time as their family members.
• Both the principal applicant and family members must be approved as visitors, workers, or students and must have their letter of introduction.
• Dependent family members cannot enter Canada before the principal applicant.

Source: https://economictimes.indiatimes.com/nri/work/canada-explained-open-work-permits-for-family-members-of-foreign-workers/articleshow/110933223.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst