The IRCC’s Updates for Work Permit Eligibility in 2023
Last year, Canada made a major move indicating their willingness to boost immigration to Canada by declaring the intention to expand Open Work Permit (OWP) eligibility under the Temporary Foreign Worker Program (TFWP). On December 2nd, Canadian Immigration Minister Sean Fraser announced Immigration, Refugees and Citizenship Canada’s (IRCC) would open up eligibility to families of most low-skilled, work permit-holding workers.
The expansion is to be implemented in 3 phases, beginning in January 2023, and create hundreds of thousands of additional OWP holders in Canada. The three phases are:
Phase 1: This stream is for spouses and working-age dependents of high-paid workers in the TFWP who already hold a work permit themselves. High-paid workers are defined as workers in a high-skilled occupation, categorized as either NOC TEER 0, 1, 2, or 3. The high wage stream was implemented in early 2023.
Phase 2: This stream is for spouses, common-law partners, and working-age dependents of lower wage workers in the TFWP who already hold a work permit themselves. Lower wage workers are defined as workers in occupations categorized as either TEER 4 or 5. This steam also includes people holding post-graduate work permits, and was implemented on January 30th.
Phase 3: This stream is intended to be implemented following consultation to determine the feasibility of expanding OWP eligibility for families of seasonal agricultural workers. An implementation timeline for this stream has also not been announced.
All streams involve specific requirements for their applicants. Dependents qualify as working-age dependents if they are:
- Not married, do not have a common-law partner, and are under the age of 22.
- OR over 22 years of age but unable to support themselves due to a physical or mental condition and thus have been relying on their parents financially since before they turned 22.
Spouses and common-law partners must meet general eligibility requirements for OWPs. If they are currently located in Canada, they have to be currently holding a valid temporary resident status, are maintaining their status, or are eligible to restore their status.
The OWP eligibility expansion is intended to be temporary, lasting for two years, but nonetheless is a major indication of Canada’s intention to strengthen the Canadian labour market and economy through immigration in the coming years. Previously, only the spouses of high-paid workers, international students, and Canadian permanent residents and citizens were eligible for sponsorship for an OWP. However, Canada now looks to entice a greater amount of Canadian immigrants into working and potentially settling down in Canada.
It is estimated that 200,000 family members of foreign work permit holders will begin working in Canada following the implementation of all three phases. This temporary expansion will ideally address major labour shortages in Canada and set the tone for Canadian immigration in future years.
