Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – [R205(c)(ii) – C41 and C46] – Canadian interest – International Mobility Program (IMP)

In these instructions, “officer” refers to employees of both IRCC and the Canada Border Services Agency(CBSA).

In these instructions “spouse” or “spousal” refer to both married spouses and common-law partner situations.

The instructions on this page should be reviewed in conjunction with:

• Open work permit – General processing and issuance
• Conditions and validity period on work permits
• Work permit options for family members of foreign workers

The Minister designated the work performed by family members of principal foreign nationals who are or will be employed in high-skilled occupations as necessary for public policy reasons related to the competitiveness of Canada’s academic institutions, or economy, under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR).

High-skilled occupations are considered to be those in the National Occupational Classification (NOC), Training, Education, Experience and Responsibilities (TEER) category 0,1, 2 or 3. In addition, the synthetic code used by the Department for entrepreneurs (code 88888) is considered to be TEER 0 or 1.

As per section R2, a dependent child, in respect of a parent, means a child who

1. (a) has one of the following relationships with the parent, namely,
   1. (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
   2. (ii) is the adopted child of the parent; and
2. (b) is in one of the following situations of dependency, namely,
   1. (i) is less than 22 years of age and is not a spouse or common-law partner, or
   2. (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. 

A dependent child can be the biological child or adopted child of the principal foreign national or of the spouse or common-law partner of the principal foreign national.

On this page

• Eligibility
  • Family members of workers who are transitioning to permanent residence
• Documentary evidence
  • Principal foreign national is open work permit holder or work permit exempt
  • Principal foreign national is self-employed on an open work permit
• Applications received as a family group
• Family members of post-graduate work permit (PGWP) applicants
• Application assessment
  • Principal foreign national
  • Genuine relationship
  • Dependent children and working age
• Final decision
  • Approval
  • Refusals
• Renewal of open work permits for family members of workers who are transitioning to permanent residence
• Renewals (Facilitation measure)
• Previous updates

Eligibility

For the dependent family member to be eligible under subparagraph R205(c)(ii), administrative codes C41 or C46, the principal foreign national must, at the time of decision on the family member application, meet all of the following requirements. The principal foreign national must:

• be authorized to work in Canada by reason of either
  • a valid work permit or provisional approval (that the letter of introduction has been issued) for a work permit (employer-specific or open), except if the work permit was assessed under
    • paragraph R204(a) – if the applicant holds a spousal open work permit under an international Free Trade Agreement FTA) or is eligible to apply for a spousal open work permit under an FTA.
    • paragraph R205(a) – an open work permit issued for spouses or common-law partners and dependent children under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (C91) or for spouses or common-law partners under the Rural and Northern Immigration Pilot (RNIP) (C17), Rural Community Immigration Pilot (RCIP), and Francophone Community Immigration Pilot (FCIP) (C17)
    • subparagraph R205(c)(i.1) or (i.2) – a co-op program for students (administrative code C32 or C33)
    • subparagraph R205(c)(ii) – family member of a worker in any TEER (administrative code C41, C46, C47, C48, C49) or a spouse or common-law partner of an international student (administrative code C42)
    • section R206 – refugee claimant or unenforceable removal order – (administrative codes S61 or S62)

  Or

  • an authorization to work without a permit under the authority of section R186, except under paragraphs R186 (f, v, or w).
• the authorization to work in Canada is for a period of 6 months or longer after the receipt date of the family member’s open work permit application
  • For example, if the open work permit application for the dependent family member was submitted on March 1, 2024, the principal foreign national’s work authorization must be valid until September 1, 2024 (6 months) or longer.
• be employed or, if only provisionally approved, will be employed (that is, the principal foreign national is outside Canada and has a job offer for an employer-specific work permit) in a high-skilled occupation (TEER 0, 1, 2, or 3)
• be physically residing or, if only provisionally approved, plan to physically reside in Canada while employed
  • For Quebec Selection Certificate (CSQ) holders and provincial nominees: be physically residing or plan to reside in the province of nomination or selection.
• be in one of the following situations:
  • be in a genuine relationship with the applicant as a spouse or common-law partner
  • be the parent of the applicant who is a family member as defined in paragraphs R1(3)(b) or (c).

Applicants who are in Canada at the time of submission must

• have a valid temporary resident status (including being on maintained status under subsection R183(5)) or be eligible for restoration of status as a temporary resident
• be eligible to apply for a work permit from within Canada [section R199].

Officers can assess the TEER category of the principal foreign national using the NOC matrix.

Family members of workers who are transitioning to permanent residence

If the principal foreign national holds, or has been approved for, a work permit under certain International Mobility Program (IMP) categories that are linked to a pathway to a permanent residence category—but has not yet submitted a permanent residence application to IRCC—the family member must meet the eligibility requirements stated above. This applies to applications received from family members on or before January 21, 2025, or applications received after that date.

Permanent resident categories include, but are not limited to, the following:

• Specific Quebec Selection Certificate (CSQ) holders currently in Quebec [R205(a) – A73]
• Quebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76]
• Quebec investors: Issuance of open work permits to candidates who have received a Quebec notice of intent to select – [R204(c) – T10]
• Quebec entrepreneurs or self-employed seeking eventual permanent residence – [R205(a) – C60]
• Foreign nationals nominated by a province – Provincial agreements [R204(c) – T13]
• Provincial business candidates seeking eventual permanent residence – [R205(a) – C60]
• Start-up business class permanent residence applicants [R205(a) – A77]
• Atlantic Immigration Program (AIP) [R204(c) – C18]
• Yukon Community Pilot – Open work permits [R205(a) – A75]

For instructions on how to process spousal open work permit applications received by IRCC on or after January 21, 2025, where the principal foreign national is a high-skilled worker but is not transitioning to permanent residence, refer to: Spouses or common-law partners of foreign nationals authorized to work in high-skilled occupations TEER 0 or 1, or select occupations TEER 2 or 3) – [R205(c)(ii) – C41].

Documentary evidence

With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:

1. evidence of a genuine relationship if the applicant is the spouse or common-law partner;
   • This includes, but is not limited to, a marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409]
     or
     evidence that the dependent child meets the definition of section R2
     • This includes, but is not limited to, a birth certificate or adoption papers
2. evidence that the principal foreign national is or, if only provisionally approved, will be employed in a TEER category 0, 1, 2 or 3 occupation
   • For example, a job contract, a letter from an employer indicating the NOC TEER category and duties, a business plan (if the worker is a business owner).
     • Where the principal foreign national is self-employed, officers should confirm the self-employment is genuine. Refer to Principal foreign national is self-employed on an open work permit. .
3. evidence that the principal foreign national is authorized or is provisionally approved to work in Canada and the authorization is not within the exceptions stated in Eligibility
   • For example, a copy of a work permit or a copy of a visitor record indicating work under section R186, or passport stamps showing the period of authorized stay, evidence that the principal foreign national has been provisionally approved for a work permit (that the letter of introduction is issued).
4. evidence that the principal foreign national’s authority or provisional approval to work in Canada is valid for 6 months or longer after the receipt date of the family member’s work permit application
   • For example, a copy of a work permit or passport stamps showing the period of authorized work (for work-permit exempt foreign nationals) or a copy of the letter of introduction.

Principal foreign national is an open work permit holder or work permit exempt

If the principal foreign national is an open work permit holder or is authorized to work without a permit under section R186 and the authorization is not within the exceptions stated in Eligibility, the occupation skill level cannot be determined solely by means of the work permit or visitor record. The occupation skill level of the principal applicant is required to ensure that the correct administrative code and eligibility criteria are assessed.

Therefore, the family member applicant must also provide the following:

• a letter from the principal foreign national’s current Canadian employer confirming employment and their occupation as well as the NOC, with a description of duties or a copy of their employment offer or contract
• evidence that the principal foreign national is employed in a TEER category 0,1, 2 or 3 occupation at the time of the family member’s work permit application is received and until a decision on the application is rendered

Principal foreign national is self-employed on an open work permit

Family members of self-employed foreign nationals who hold an open work permit may be eligible to apply for an open work permit under subparagraph R205(c)(ii) – administrative code C41/C46 if the applicant (that is, the spouse/dependent) provides proof that the principal foreign national (that is, the self-employed person who has a valid open work permit) is genuinely self-employed in a TEER 0, 1, 2 or 3 occupation.

A self-employed person is an individual who works for themselves as the owner of a business. While the self-employed person manages the business as the owner, they usually also conduct the operational work of an employee, unlike an entrepreneur, who will hire employees to carry out the activities of the business while they manage it.

Documentary evidence may include proof that the principal foreign national is performing the main duties of the NOC.

For example: if the principal foreign worker is a self-employed industrial designer (TEER 2, NOC 22211), the spouse’s application should include evidence demonstrating that the principal foreign worker is carrying out the primary duties listed in the NOC. Supporting documentation should also demonstrate the individual’s ownership of the business and the financial capacity used to establish it. Officers must be satisfied that the self-employed individual has taken concrete steps to implement the business plan. This may include evidence of sufficient funds to start and operate the business, leasing or ownership of business premises, a staffing plan (if applicable), a business number, and relevant ownership documents or agreements.

Applications received as a family group

If the spouse and the principal foreign national are applying together as a family group, the principal foreign national’s application must be assessed first. The principal family member’s application in the group may be considered as documentary evidence of the authority or provisional approval to work in Canada, the occupational level and the requirement of 6-month duration.

Refer to Applications received as a family group

Family members of post-graduation work permit (PGWP) applicants

Family members of post-graduation work permit (PGWP) applicants cannot be issued an open work permit if the PGWP applicant is working without a work permit under paragraph R186(w). The PGWP applicant continues to be authorized to work under paragraph R186(w) until the actual work permit is issued.

At the time of the PGWP application submission, the study permit holder and the family member(s) can submit their respective work permit applications as a family group.

As with the family group outside Canada, the principal foreign national’s PGWP application would be assessed first, and then the family member’s open work permit application would be finalized. Since a PGWP is an open work permit, the principal foreign national will have to provide evidence of employment in Canada for the family member’s eligibility. Refer to Principal foreign national is an open work permit holder or work permit exempt.

If the family member applies for an open work permit after the principal foreign national submits their application for a PGWP, the principal foreign national must have been issued their work permit prior to the time of decision on the family member’s application and the principal foreign national must be employed in a TEER 0, 1, 2, or 3 occupation.

If, due to various reasons, the spouse requests priority processing prior to the approval of the principal worker’s PGWP application, the spouse is not eligible because the principal foreign national is still working under paragraph R186(w) and the spousal open work permit would be refused.

Application assessment

Officers must be satisfied that all eligibility requirements are met at the time of decision on the family member work permit application.

Mandatory association to the principal foreign national: The family member must be associated with the principal foreign national in GCMS. Association should be completed on the “Client” screen and not just within the application.

This is required to ensure the ability to revoke a family member work permit under public policy considerations.

If officers have any concerns as to the genuineness of the proof of employment or other documents provided, they may wish to undertake an assessment to ensure this material information is genuine and does not reflect a misrepresentation of facts in order to appear eligible for the permit.

Principal foreign national

The principal foreign national is the first foreign national in the couple who has applied for and obtained a work permit or was deemed authorized to work under the provisions of section R186.

When it comes to assessing eligibility for a family member open work permit, the principal foreign national continues to remain the principal in the couple and cannot obtain a spousal open work permit under paragraph R205(c) on the basis of the spousal open work permit of their spouse.

For example, if the principal foreign national (Client A) is the holder of a work permit issued based on an LMIA for a low-skilled occupation and the dependent spouse (Client B) obtains an open work permit under LMIA exemption code C47, the principal foreign national (Client A) cannot quit their job under the LMIA-based work permit and obtain a work permit in the high-skilled spousal category (LMIA exemption code C41) on the basis of their spouse’s (Client B) C47 open work permit and the spouse’s (Client B) employment in a TEER category 0, 1, 2 or 3 occupation.

Genuine relationship

As per section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership either

• was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (IRPA), or
• is not genuine.

If officers have concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.

Dependent children and working age

There is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).

The “working age” varies across provincial and territorial jurisdictions and there is no minimum age for work permit issuance specified in the IRPA or its Regulations.

As such, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.

IRCC and CBSA officers are not required to assess the minimum age requirements in the province of destination for dependent children. Therefore, the onus is on Canadian employers to meet the requirements of the labour laws of the province of destination.

Please refer to the instructions on who qualifies as a dependent child to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.

The child must meet the definition of dependent child when we receive the work permit application and at the time of decision.

Final decision

Approval

Under the “Application” screen, officers should enter the following information in the specified fields.

Refusals

When officers are not satisfied that the specific eligibility factors for this administrative code are met, they need to clearly document their reasons in the refusal note.

The officer needs to engage with the documentary evidence that was provided by the applicant. Simply stating, “I have reviewed the submissions, and I am not satisfied that section R205 is met”, is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.

If an officer has determined that the applicant does not meet the eligibility requirements, the work permit application should be refused. Officers should follow the steps in Decision-making: Standard of review and process for making a reasonable decision when finalizing their refusal notes.

The grounds in the refusal letter should reflect what the officer has stated in their notes.

Work permits shall be issued if all of the requirements stated in section R200 are met. Therefore, refusal grounds should be linked to one of those requirements. Below is an example of the requirements:

• Subparagraph R200(1)(c)(ii) – TThe applicant has not met the eligibility requirements of the International Mobility Program work permit category. Officers need to clearly explain what eligibility requirements were not met.
• For example: The principal applicant holds a work permit that is valid for a period of less than 6 months after the receipt date of the family member’s open work permit application. The applicant has not provided proof showing that the principal applicant is authorized (that the work permit has been issued) or is provisionally approved (that the letter of introduction has been issued) to work in Canada for a period of at least 6 months or longer after the receipt date of the family member’s open work permit application. The work permit application should be refused under subparagraph R200(1)(c)(ii), since their work is not described in section R205. They do not meet the eligibility requirements that would make their work described in section R205.

Renewal of open work permits for family members of workers who are transitioning to permanent residence

Family members of workers who are transitioning to permanent residence and who still meet the eligibility requirements under C41 (Spouses) or C46 (dependent children) are eligible for work permit renewal under subsection R201(1), regardless of whether the work permit application was submitted before or after January 21, 2025. They must meet all eligibility requirements of the category.

Renewals (Facilitation measure)

A facilitation measure was implemented on January 21, 2025, to allow in-Canada family members of high-skilled workers and low-skilled workers to renew their work permit under subsection R201(1), as per the criteria that were in place when they received their open work permit (that is, pre-January 21, 2025 rules), as long as they are only requesting a renewal duration that aligns with the principal foreign national’s existing work authorization.

In this context, “existing” refers to the work permit the principal foreign national held on the basis that the family member’s previous open work permit was issued under C41/C47 for the spouse (or C46/C48 for dependent children) before January 21, 2025. If the principal worker has since received another work permit, even if it is for the same position or with the same employer, the family members are subject to the post-January 21, 2025, rules.

• Exception: If the principal foreign national received a work permit before January 21, 2025, but it was shorter than expected because of an administrative issue (for example, an expiring passport), and then applied on or after January 21, 2025, to get a permit covering the full length of their job contract, their family members may also be able to apply to renew their work permit. In this case, the family members may be eligible to apply for an open work permit renewal under C41/C46 or C47/C48 and are subject to the rules that were in place before January 21, 2025.
• The family members of workers may be eligible to renew their work permit under the measure that was in place before January 21, 2025, if
  • they were issued their open work permit under C41/C46 or C47/C48 before January 21, 2025.
  • they are in Canada and applying to renew their open work permit under C41/C46 or C47/C48. This means the applicant held an open work permit under one of these categories prior to January 21, 2025, and is applying to renew their work authorization under the same category on or after that date.
  • The principal foreign national still holds a valid work permit with 6 months or more remaining.
  • The renewal is only to align the family member’s OWP validity with the principal foreign worker’s current work permit.

In such cases, applications for renewal are assessed against the rules that were in place prior to January 21, 2025. Renewal applications for family members of high- or low-skilled workers who meet the requirements of this measure are subject to the eligibility requirements described in the following instructions respectively:

• Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) [R205(c)(ii) – C41 and C46]
• Family members of foreign nationals authorized to work in low-skilled occupations (TEER 4 or 5) [R205(c)(ii) – C47 and C48]

Scenarios

These scenarios are only to be taken as examples, and individual cases may vary due to each applicant’s circumstances. The scenarios are for family members of both high- and low-skilled workers.

Scenario 1 A spousal open work permit (OWP) was issued before January 21, 2025, for a shorter duration due to the spouse’s passport validity. The principal foreign national’s work permit is valid for at least 6 months at the time of submission of the renewal application.

• John is a work permit holder and is working in a NOC TEER 5 occupation (low-skilled worker). The work permit is valid for 2 years.
• Suzanne, his spouse, was issued an open work permit (OWP) under administrative code C47 before January 21, 2025. The work permit was issued for a shorter duration (18 months instead of 24 months) because the validity of Suzanne’s passport was for 18 months when the OWP was issued.
• Suzanne submits an application after January 21, 2025, to extend the C47 open work permit. Suzanne’s initial work permit was still valid at the time the renewal of the OWP application was submitted.
• John’s work permit is valid for at least 6 months at the time Suzanne submits the application to renew the open work permit.
• If Suzanne meets all of the eligibility requirements C47 category, Suzanne may be eligible for a renewal of the OWP.

Scenario 2 Principal foreign national holds a work permit with a shorter duration due to their passport validity.

• Michel applied for an LMIA-based work permit with an employment duration of 24 months. Due to his passport validity, Michel received a work permit for 18 months.
• Michel is working in a TEER 4 occupation (low-skilled worker).
• Family members applied for an open work permit (OWP) as a family group with Michel and were issued OWPs under administrative code C47/C48. The OWPs were issued with a validity period of 18 months before January 21, 2025.
• Michel submits an application after January 21, 2025, to extend the work permit for the remaining 6 months.
• Family members submit an extension application at the same time (family group).
• Michel’s work permit application is approved with a validity period of 6 months.
• If family members meet all of the eligibility requirements C47/C48 categories, they may be eligible for C47/C48 work permits.

Scenario 3 Principal foreign national changed their employer-specific work permit from high-skilled to low-skilled occupation.

• Catherine is a principal foreign national who was issued an employer-specific work permit for 20 months instead of 26 months, and she is employed to work as a high-skilled worker for 26 months due to administrative reasons (for example, passport, biometrics).
• Pierre, her spouse, received an open work permit (OWP) before January 21, 2025, for a shorter duration (20 months instead of 26 months) because Catherine received a work permit for a shorter duration.
• Catherine’s offer of employment (on an employer-specific work permit) was terminated, and she was issued a second employer-specific work permit to work in a low-skilled occupation after January 21, 2025.
• Pierre submits a renewal application while holding a valid OWP after January 21, 2025, to extend the OWP for the remaining 6 months.
• Pierre is not eligible for an OWP renewal, as Pierre is not requesting a renewal duration that aligns with the principal foreign national’s existing work authorization.

Scenario 4 A spousal open work permit (OWP) was issued before January 21, 2025, for a shorter duration due to passport validity, and the principal foreign national’s work permit is valid for less than 6 months at the time of submission of the renewal application.

• Gabriel, a high-skilled worker, was approved for a work permit valid for 24 months before January 21, 2025.
• Maya, Gabriel’s common-law partner, received an open work permit (OWP) under administrative code C41 before January 21, 2025, for a shorter duration (20 months instead of 24 months) due to her passport validity.
• Maya submits an application after January 21, 2025, to renew her OWP under C41 while the C41 OWP is still valid.
• Gabriel’s work permit validity is less than 6 months at the time Maya submits the OWP renewal. Therefore, Maya is not eligible to apply for an OWP renewal.
  • Maya does not meet all eligibility requirements of the category. The OWP application should be refused.

Previous updates

February 3, 2025

March 28, 2024

July 13, 2023

January 30, 2023