Open work permits for family members of foreign workers: Who can apply
Upcoming changes to open work permits for family members of foreign workers
On September 18, 2024, we announced upcoming changes about limiting work permit eligibility to family members of foreign workers. We’ll provide more updates on this page in the near future.
Your family member may be eligible for an open work permit under this temporary measure if you’re a foreign worker in Canada who is any of the following:
High-skilled worker
Principal foreign worker requirements
You (the principal foreign worker) must meet 4 requirements:
- You have 1 of the following:
- a valid work permit (some exceptions apply)
- an approval for a work permit that hasn’t been issued yet (this means you received a port of entry letter of introduction)
- an authorization to work without a work permit
- Your work permit or authorized work must be valid for at least 6 months after we receive your family member’s open work permit application.
- You’re employed or will be 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 your family member submits their application.
- You’re living or plan to live in Canada while working.
Exceptions to eligibility
Your family members aren’t eligible for this temporary measure if any of the following situations apply to you (the principal foreign worker):
- You’ve made a refugee claim that was referred to the Immigration Refugee Board.
- You’re subject to an unenforceable removal order.
- You’re an international student who’s working in a co-op program.
- You’re an international student working off-campus without a work permit.
- You’re applying for a post-graduation work permit (PGWP) but haven’t received a positive decision on your application at the time the decision on your family members’ application is made.
- You hold a spousal open work permit.
Family member requirement
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. Canadian employers must follow provincial labour laws.
Open work permit holders must also meet federal, provincial, or territorial labour laws.
Your family member must meet 3 requirements:
- They meet the general eligibility requirements for a work permit.
- They’re in a genuine relationship with the person who makes them eligible for this open work permit and are any 1 of the following:
- your spouse or common-law partner
- the dependent child of you or your spouse
- A dependent child cannot be the principal foreign worker.
- the dependent child of the dependent child (your grandchild or your spouse’s grandchild)
- If your family member is in Canada, they must be in 1 of the following situations:
- They have valid temporary resident status.
- They’ve applied to extend their status before it expired (maintained status).
- They’re eligible for restoration of their status as a
Low-skilled worker
Principal foreign worker requirements
You must meet 4 requirements:
- You have 1 of the following:
- a valid work permit (some exceptions apply)
- an approval for a work permit that hasn’t been issued yet
- an authorization to work without a work permit
- Your work permit must be valid in Canada for at least 6 months after we receive your family member’s open work permit application.
- You’re employed or will be employed in a low-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 4 or 5 of the National Occupation Classification system) at the time your family member submits their application.
- You’re living or plan to live in Canada while working.
Work permit holders under the Agri-Food Pilot
Your family members are eligible to apply for an open work permit if you (the principal applicant) meet the 4 criteria listed above, and both of the following:
- You have a labour market impact assessment (LMIA)-based work permit in the agriculture or low-wage stream of the Agri-Food Pilot.
- You’ve received an acknowledgment of receipt letter from us confirming that your application for permanent residence is complete.
Who’s not eligible at this time
Your family members aren’t eligible for this temporary measure if any of the following situations apply to you (the principal applicant):
- You hold a work permit under the low-wage stream of the Temporary Foreign Worker Program.
- You hold a work permit under the Seasonal Agricultural Worker Program.
- You hold a work permit under the agricultural stream of the Temporary Foreign Worker Program.
- You’ve made a refugee claim that was referred to the Immigration Refugee Board.
- You’re subject to an unenforceable removal order.
- You’re an international student who’s working in a co-op program.
- You’re an international student working off-campus without a work permit.
- You’re applying for a PGWP, but have not received a positive decision on the PGWP at the time the decision on your family member’s application is made.
The stream or program you were hired under is listed on the LMIA approval letter you got from your employer.
Family member requirement
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. Canadian employers must follow provincial labour laws.
Open work permit holders must also meet federal, provincial, or territorial labour laws.
Your family member must meet 3 requirements:
- They meet the general eligibility requirements for a work permit.
- They’re in a genuine relationship with the person who makes them eligible for this open work permit and are any 1 of the following:
- your spouse or common-law partner
- the dependent child of you or your spouse
- A dependent child cannot be the principal foreign worker.
- the dependent child of the dependent child (your grandchild or your spouse’s grandchild)
- If your family member is in Canada, they must be in 1 of the following situations:
- They have valid temporary resident status.
- They’ve applied to extend their status before it expired (maintained status).
- They’re eligible for restoration of their status as a
Work permit holder who has applied for permanent residence through an economic immigration program
Principal foreign worker requirements
You must meet 4 requirements:
- You hold a valid work permit or are approved for a work permit (employer-specific or open under a non-family category).
- Your work permit must be valid in Canada for at least 6 months after we receive your family member’s open work permit application.
- You live and work in Canada or you plan to live and work in Canada.
- Your work permit was issued or approved because you applied for an economic class permanent residence program.
Family member requirement
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. Canadian employers must follow provincial labour laws.
Open work permit holders must also meet federal, provincial, or territorial labour laws.
Your family member must meet 3 requirements:
- They meet the general eligibility requirements for a work permit.
- They’re in a genuine relationship with the person who makes them eligible for this open work permit and are any 1 of the following:
- your spouse or common-law partner
- the dependent child of you or your spouse
- A dependent child cannot be the principal foreign worker.
- the dependent child of the dependent child (your grandchild or your spouse’s grandchild)
- If your family member is in Canada, they must be in 1 of the following situations:
- They have valid temporary resident status.
- They’ve applied to extend their status before it expired (maintained status).
- They’re eligible for restoration of their status as a
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