Changes to open work permit eligibility for family members of foreign workers

Starting January 30, 2023, family members of most foreign workers can apply for an open work permit. A few exceptions may apply to family members of low-skilled workers.

On this page

• Who can apply
  • Family members of high-skilled workers
  • Family members of low-skilled workers
  • Family members of economic class permanent resident applicants
• How to apply
• After you apply

Who can apply

You may be eligible for this temporary measure if you’re a family member of a principal foreign worker in Canada who is any of the following:

High-skilled worker

Requirements for the principal foreign worker

The principal foreign worker must meet 4 requirements:

1. They’re legally authorized to work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off-campus or who are transitioning to a post-graduation work permit [PGWP] are not eligible)
2. Their work permit or authorized work must be valid for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a high-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 0, 1, 2 or 3 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

Requirements of the family member

Minimum age to work

Before your dependent children work in Canada, check the minimum age required to work in the province/territory and in the job type they plan to work in.

Open work permit holders must still meet the federal, provincial, or territorial labour laws in order to work.

You (the family member) must meet 4 requirements:

1. You meet the general eligibility requirements for a work permit.
2. You applied on or after January 30, 2023.
3. You are in a genuine relationship with the person who makes you eligible for this open work permit and be any 1 of the following:
   • the spouse or common-law partner of the principal foreign worker
   • the dependent child of the spouse or the principal foreign worker
     • A dependent child cannot be the principal foreign worker.
   • the dependent child of the dependent child (grandchild of principal foreign worker or spouse)
4. If you’re in Canada, you’re in 1 of the following situations:
   • You have a valid temporary resident status.
   • You’ve applied to extend your status before it expired (maintained status).
   • You’re eligible to restore your status.

Low-skilled worker

Requirements for the principal foreign worker

The principal foreign worker must meet 4 requirements:

1. They work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off campus or who are transitioning to PGWP are not eligible)
2. Their work permit or their authority to work without a work permit must be valid in Canada for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a low-skilled occupation (TEER 4 or 5 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

Who is not eligible at this time

Spouses and dependent children of workers in a TEER 4 or 5 job under the low-wage stream, the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program are not eligible at this time.

You may find the stream or program the principal foreign worker has been hired under by looking at the labour market impact assessment approval letter provided by the employer.

Requirements for the family member

Minimum age to work

Before your dependent children work in Canada, check the minimum age required to work in the province/territory and in the job type they plan to work in.

Open work permit holders must still meet the federal, provincial, or territorial labour laws in order to work.

You (the family member) must meet 4 requirements:

1. You meet the general eligibility requirements for a work permit.
2. You applied on or after January 30, 2023.
3. You’re in a genuine relationship with the person who makes you eligible for this open work permit and are any 1 of the following:
   • the spouse or common-law partner of the principal foreign worker
   • the dependent child of the spouse or the principal foreign worker
     • A dependent child cannot be the principal foreign worker.
   • the dependent child of the dependent child (grandchild of principal foreign worker or spouse)
4. If you’re in Canada, you’re in 1 of the following situations:
   • You have a valid temporary resident status.
   • You’ve applied to extend your status before it expired (maintained status).
   • You’re eligible to restore your status.

Work permit holder who has applied or will apply for permanent residence through an economic immigration program

Requirements of the principal foreign worker

The principal foreign worker must meet 4 requirements:

1. They hold a valid work permit (employer-specific or open under a non-family category).
2. Their work permit must be valid in Canada for at least 6 months after the family member’s open work permit application is received.
3. They live and work in Canada.
4. They have one of the following:
   1. They hold a work permit that was issued because they applied for permanent residence in any of the following Economic Classes:
      • federal skilled worker class (FSWC)
      • Canadian experience class (CEC)
      • federal skilled trades class (FSTC)
      • caring for children class or caring for people with high medical needs class before June 18, 2019
      • Provincial Nominee Program (PNP) for applicants for whom there are no employer restrictions on nominations
      • Agri-Food Pilot (AFP)
      • Quebec skilled worker class (QSWC)
   2. They have a nomination letter from the province or a Quebec selection Certificate (CSQ).

Requirements of the family member

Minimum age to work

Before your dependent children work in Canada, check the minimum age required to work in the province/territory and in the job type they plan to work in.

Open work permit holders must still meet the federal, provincial, or territorial labour laws in order to work.

You (the family member) must meet 4 requirements:

1. You meet the general eligibility requirements for a work permit.
2. You applied for your work permit on or after January 30, 2023.
3. You are in a genuine relationship with the person who makes you eligible for this open work permit and are any 1 of the following:
   • the spouse or common-law partner of the principal foreign worker
   • the dependent child of the spouse or the principal foreign worker
     • A dependent child cannot be the principal foreign worker.
   • the dependent child of the dependent child (grandchild of principal foreign worker or spouse)
   • listed as a dependent in permanent resident application
4. If you’re in Canada, you must be in 1 of the following situations:
   • You have a valid temporary resident status.
   • You’ve applied to extend your status before it expired (maintained status).
   • You’re eligible to restore your status.

How to apply for an open work permit

You must apply for your open work permit online, unless you’re exempt.

For the main steps to apply online, see how to apply for a work permit. Below are extra steps that depend on whether the family member(s)/applicant(s) are in or outside Canada when they apply.

Who can apply on paper

• Eligible applicants in Canada
• Eligible applicants outside of Canada

  Who’s eligible to apply on paper outside Canada

  You’re only eligible to apply on paper if you

  • have a disability that prevents you from applying online
  • hold an identity or travel document for non-national residents, refugees or stateless persons

  To apply on paper, you must include a note with your application that tells the visa application centre you’re eligible to apply on paper. If you’re not eligible to apply on paper, your application will be retur ned to you.

  Apply for a work permit

Get your document checklist

You must answer some questions to create a personalized document checklist.

Outside Canada applicants:

Make sure you answer the following questions correctly when you apply.

• You would like to work temporarily—more than 6 months.
• Answer “No” to the question “Will you be coming to Canada under an active public policy or special measure announced by IRCC?”
• Answer “Yes” to the question
  • Are you a spouse, common-law partner or dependent child of a person who has or is applying for
    • a work permit
• Answer “A work permit for a spouse of an international student, or for a family member of a worker” to “What type of work permit do you want to apply for?”

In-Canada applicants:

Make sure you answer the following questions correctly when you apply.

Answer “No” to the question:

Does one of the following apply to you?

• I am the subject of a removal order that is unenforceable.
• I applied for a study or work permit before entering Canada, which was approved, but not issued at a port of entry.
• I’m in primary or secondary school, or a visiting or exchange student, in Canada with visitor status.
• I am applying for an open work permit under an active public policy or pilot program announced by IRCC.
• I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada.
• I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
  • Spouse or Common-law Partner in Canada
  • Humanitarian and Compassionate cases
  • Protected Persons in Canada
  • Live-in Caregiver in Canada

Answer “Yes” to the question: Are you a spouse, common-law partner or dependent child of a person who

• holds a work permit or is applying for a work permit
• holds a study permit and is a full-time student at a university, community college, CÉGEP or other authorized educational institution
• holds a temporary resident permit that is valid for 6 months or more
• applied for permanent residence to an office in Canada and was determined to be eligible for permanent resident status (first stage approval)
• is subject of a removal order that is unenforceable

Support your application with proof that you meet the requirements

You must support your application with proof. What you need to submit depends on the stream of work the principal foreign worker has applied under.

Family members of high-skilled workers

1. Proof of your relationship to the principal foreign worker

   Spouses and common-law partners

   Proof must be one of the following:

   • a copy of your marriage certificate
   • a declaration of your common-law relationship

   Other dependants

   Proof must be one of the following:

   • a birth certificate
   • adoption papers

2. Proof that the principal foreign worker can legally work in Canada

   Proof must be one of the following:

   • a copy of the work permit
   • a copy of a the visitor record with expiry date showing that you’re authorized to work without a work permit

3. Proof that the principal foreign worker can work in Canada for 6 months after the date that the family member submits their work permit

   Proof must be one of the following:

   • a copy of the work permit with expiry date
   • a copy of a the visitor record with expiry date showing that you’re authorized to work without a work permit under section 186 of the Immigration and Refugee Protection Regulations

4. Proof that the principal foreign worker is working in an occupation in TEER 0, 1, 2 or 3 of the National Occupation Classification system

   Proof must be one of the following:

   • a copy of the work permit (for employer-specific work permit holders)
   • a letter or contract from the principal foreign worker’s current employer (for open work permit holders, such as PGWP or International Experience Canada)

Family members of low-skilled workers

1. Proof of your relationship to the principal foreign worker

   Spouses and common-law partners

   Proof must be one of the following:

   • a copy of your marriage certificate
   • a declaration of your common-law relationship

   Other dependants

   Proof must be one of the following:

   • a birth certificate
   • adoption papers

2. Proof that the principal foreign worker can legally work in Canada

   Proof must be one of the following:

   • a copy of the work permit
   • a copy of a the visitor record with expiry date showing that you’re authorized to work without a work permit

3. Proof that the principal foreign worker can work in Canada for 6 months after the date that the family member submits their work permit

   Proof must be one of the following:

   • a copy of the work permit with expiry date
   • a copy of a the visitor record with expiry date showing that you’re authorized to work without a work permit

4. Proof that the principal foreign worker is working in an occupation in TEER 4 or 5 of the National Occupation Classification system

   Proof must be one of the following:

   • a copy of the work permit (for employer-specific work permit holders)
   • a letter or contract from the principal foreign worker’s current employer (for open work permit holders, such as PGWP or International Experience Canada)

Family members of permanent resident applicants

1. Proof of your relationship to the principal foreign worker

   Spouses and common-law partners

   Proof must be one of the following:

   • a copy of your marriage certificate
   • a declaration of your common-law relationship

   Other dependants

   Proof must be one of the following:

   • a birth certificate
   • adoption papers

2. Proof that the principal foreign worker can legally work in Canada

   You must submit a copy of the work permit.

3. Proof that the principal foreign worker can work in Canada for 6 months after the date that the family member submits their work permit

   You must submit a copy of the work permit with expiry date.

4. Proof that the principal foreign worker applied for permanent residence, has a valid nomination or has a valid Quebec Selection Certificate (CSQ)

   1. Family members of a principal foreign worker who applied for permanent residence must provide proof that the principal foreign worker met the specific criteria under one of the following classes:
      • federal skilled worker class (FSWC)
      • Canadian experience class (CEC)
      • federal skilled trades class (FSTC)
      • caring for children class or caring for people with high medical needs class before June 18, 2019
      • Provincial Nominee Program (PNP) for applicants for whom there are no employer restrictions on nominations
      • Agri-Food Pilot (AFP)
      • Quebec skilled worker class (QSWC)

      Proof must be one of the following:

      • proof that family members were included in the permanent residence application (copy of the PR application)
      • a copy of the Bridging Open Work Permit (BOWP) or evidence that the principal foreign worker is eligible to apply for a BOWP
   2. Family members of principal foreign workers who have a nomination letter or a CSQ must provide one of the following documents:
      • a copy of the nomination certificate, Atlantic Immigration Program endorsement, or a copy of the CSQ
      • a copy of the principal foreign worker’s work permit

Where to upload proof to show that you meet the requirements of the category

If you can’t find a field in your online account to upload your supporting documents, use the “client information” field. There’s only 1 “client information” field. You may need to combine more than 1 document in 1 file and upload them together.

Find out how to upload multiple documents into 1 field.

Depending on your situation, you may also need to

• get a medical exam (your document checklist will tell you if you need one)
  • You need a medical exam to work in some types of jobs.
• give your fingerprints and photo (biometrics)
  • Find out how to give biometrics.

 Create an account or sign in

After you apply

Find out what to do and what happens after you apply for your work permit.