Did you know that most foreign workers in Canada can help their family members apply for an open work permit? This permit allows them to work for any employer in Canada, except for those involved in specific adult entertainment sectors. And it gets better – even family members who don’t plan to work can apply to visit or study in Canada. If they are already in Canada, they can join the excitement by applying to extend their stay as visitors or students when the primary worker extends their stay. Exciting, right?
Eligibility for Open Work Permits
- Family members of high-skilled foreign workers may qualify for an open work permit if the worker holds a valid work permit, is employed in a high-skilled occupation, and lives or plans to live in Canada while working.
- Low-skilled workers need to have a valid work permit, be employed in a low-skilled occupation (TEER categories 4 or 5), and live in Canada while working. The work permit must be valid for at least six months after the family member’s application is received
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
Family members are not eligible if the principal worker:
- Has made a refugee claim referred to the Immigration Refugee Board.
- Is subject to an unenforceable removal order.
- Is an international student working in a co-op program or off-campus without a permit.
- 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 LMIA-based permit and a permanent residence application, family members are eligible for open work permits. However, those in certain temporary worker programs or with specific LMIA restrictions are not eligible. Open work permit holders must meet minimum working age requirements and 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:
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 or Statutory Declaration of Common-Law Union
– Other Dependents: Birth certificate or 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
Proof of Work Duration:
– Copy of work permit with expiry date
– Letter of introduction
– Visitor record with expiry date showing authorization to work without a work permit
- – Passport stamps showing the period of authorized work
For Family Members of PGWP Holders:
If applying simultaneously, proof of the principal applicant’s work period is not required. Proof of Employment in a TEER Category 0, 1, 2, or 3 Occupation:
- Letter from the current employer with employment details, 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 holder fee will be refunded (processing fees will not be refunded).
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.
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