MIGRATION TO IMMIGRATION Family members of workers under the low wage stream not eligible for the open work permit under the new public policy

On December 2, 2022, Canada’s Immigration Minister, the Honourable Sean Fraser announced that Canada is extending open work permits to family members of temporary foreign workers at all skill levels. Starting January 2023, through a temporary 2-year measure, Canada will extend open work permit to spouses, common-law partners and working age dependent children. This is Canada’s new measure to address the labour shortage.

On January 30, 2023, IRCC released the eligibility requirements for the principal foreign worker and the family members. 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.

Below are the requirements for the principal foreign worker:

The principal foreign worker must meet 4 requirements:

1. They work in Canada with 1 of the following: o a valid work permit (employerspecific or open under a non-spousal category) o 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. Requirements for the family member: You (the family member) must meet 3 requirements:

1. You meet the general eligibility requirements for a work permit.

2. You’re in a genuine relationship with the person who makes you eligible for this open work permit