Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) [R205(c)(ii) – C41 and C46]– Canadian interest – International Mobility Program

In these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

The instructions on this page should be reviewed in conjunction with

• Open work permit – General processing and issuance
• Conditions and validity period on work permits

The Minister designated the work performed by genuine spouses or common-law partners of principal foreign nationals who are or will be employed in high-skilled occupations as necessary for public policy reasons related to the competitiveness of Canada’s academic institutions, or economy, under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR).

On January 30, 2023, the Minister included the work performed by all family members defined in subsection R1(3) as necessary under R205(c)(ii).

As of July 13, 2023, the designation of work performed under R205(c)(ii) is applicable to all new and pending applications.

In these instructions, family member is defined as per subsection R1(3) as

• the spouse or common-law partner of the principal foreign national
• the dependent children of the spouse or the principal foreign national
• dependent children of the dependent children (grandchild of principal foreign national or spouse)

High-skilled occupations are considered to be those in the National Occupational Classification (NOC), Training, Education, Experience and Responsibilities (TEER) category 0,1, 2 or 3. In addition, the synthetic code used by the Department for entrepreneurs – code 88888 – is considered to be TEER 0 or 1.

On this page

• Eligibility
• Documentary evidence
  • Principal foreign national is open work permit holder or work permit exempt
• Applications received as a family group
  • Family group outside of Canada
    • Principal foreign national is a work permit applicant
    • Principal foreign national is work-permit exempt, TRV applicant and family members are TRV-required
    • Principal foreign national is work-permit exempt, TRV-exempt
  • Family group is at the port of entry
  • Family group inside of Canada
    • Family members of Post Graduate Work Permit (PGWP) applicants
• Application assessment
  • Principal foreign national
  • Genuine relationship
  • Dependent children and working age
• Final decision
  • Approval
  • Refusals

Eligibility

For the dependent family member to be eligible under R205(c)(ii), administrative codes C41 or C46, the principal foreign national must, at the time of decision on the family member application, meet all of the following requirements. The principal foreign national must:

• be authorized to work in Canada by reason of
  • a valid work permit or provisional approval (i.e., the letter of introduction has been issued) for a work permit (employer-specific or open), except if the work permit was assessed under
    • R204(a) – a spousal open work permit issued under a Free Trade Agreement
    • R206 – refugee claimant or unenforceable removal order - (administrative codes S61 or S62)
    • R205(a) – an open work permit issued for spouses or common-law partners and dependent children under the Home Child Care Provider Pilot or Home Support Worker Pilot (C91) or for spouses or common-law partners under the Rural and Northern Immigration Pilot participants (C17)
    • R205(c)(i.1 or i.2) - a coop program for students (administrative code C32 or C33);
    • R205(c)(ii) – family member of a worker in any TEER (administrative code C41, C46, C47, C48, C49)

  Or

  • an authorization to work without a permit under the authority of section R186, except under paragraph R186(f, v, or w).
• be authorized (i.e., the work permit issued) or be provisionally approved (i.e., the letter of introduction was issued) to work in Canada for a period of at least 6 months or longer after the receipt date of the family member’s open work permit (OWP) application.
  • For example, if the OWP application was submitted on March 1, 2023, the principal foreign national’s work authorization must be valid until September 1, 2023 (6 months).
• be employed or will be employed in a high-skilled occupation (TEER 0, 1,2 or 3 or if before November 16, 2022, NOC 0, A or B)
• be physically residing or plan to physically reside in Canada while employed. For CSQ holders and provincial nominees: be physically residing or plan to reside in the province of nomination or selection.
• be in one of the following situations:
  • be in a genuine relationship with the applicant as a spouse or common-law partner
  • be the parent of the applicant who is a dependent child as defined in R2.

Applicants who are in Canada at the time of submission must

• have a valid temporary resident status or be eligible for restoration of status as a temporary resident
• be eligible to apply for a work permit from within Canada [R199]

Officers can assess the TEER category of the principal foreign national using the National Occupational Classification matrix. The version of the NOC to use (that is, 2016 or 2021) is determined by the date that the dependent family member submitted their work permit application. If the open work permit application was submitted prior to November 16, 2022, then the principal foreign national’s occupation level is assessed under NOC 2016. If the open work permit application was submitted on or after November 16, 2022, then the principal foreign national’s occupation category is assessed under NOC 2021.

Documentary evidence

With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:

1. evidence of a genuine relationship if the applicant is the spouse or common-law partner
   • For example, (but not limited to) marriage certificate, Statutory Declaration of Common-Law Union (IMM 5409),
     Or
     evidence that the dependent child meets the definition of R2
   • For example, but not limited to, birth certificate, adoption papers
2. evidence that the principal foreign national is or will be employed in, in TEER category 0, 1, 2 or 3 occupation (or if the application was received before November 16, 2022, in NOC skill type 0 or level A or B)
   • For example, job contract, letter from employer indicating NOC TEER category and duties
3. evidence that their principal foreign national is authorized or is provisionally approved to work in Canada and the authorization is not within the exceptions stated in Eligibility.
   • For example, copy of work permit or copy of visitor record indicating work under section R186, or passport stamps showing period of authorized stay, evidence that their principal foreign national has been provisionally approved for a work permit (i.e., the letter of introduction is issued)
4. evidence that their principal foreign national’s authority or provisional approval to work in Canada is valid for 6 months or longer after the receipt date of the family member’s work permit application.
   • For example, copy of a work permit or passport stamps showing period of authorized work (for work-permit exempt foreign nationals) or copy of the letter of introduction

Principal foreign national is open work permit holder or work permit exempt

If the principal foreign national is an open work permit holder or is authorized to work without a permit under section R186 and the authorization is not within the exceptions stated in Eligibility, the occupation skill level cannot be determined solely by means of the work permit or visitor record. Occupation skill level of the principal applicant is required to ensure that the correct administrative code and eligibility criteria are assessed.

Therefore, the family member applicant must also provide the following:

• a letter from the principal foreign national’s current Canadian employer confirming employment and their occupation, with a description of duties or a copy of their employment offer or contract, and
• evidence that the principal foreign national is employed in a TEER category 0,1, 2 or 3 occupation at the time of the family member’s work permit application submission until a decision on the application is rendered

Applications received as a family group

If the family members and the principal foreign national are applying together as a family group, the principal foreign national’s application must be assessed first. The principal family members application in the group may be considered as documentary evidence of the authority or provisional approval to work in Canada, the occupational level and the requirement of 6-month duration.

Family group outside of Canada

There are several different situations where applicants for an open work permit may be applying with their principal foreign national.

Principal foreign national is a work permit applicant

The principal foreign national’s application is assessed first before the rest of the family.

If the principal foreign national is eligible and admissible, then the dependent family members are assessed for eligibility and admissibility – when they all receive a positive assessment, then the officer will enter Final Decision in GCMS.

If the principal foreign national’s work permit application is refused, the work permit applications of family members will be refused for not meeting the requirements of this category.

If the family group is approved, the principal foreign national must enter Canada before or together with their family members. The dependent family member cannot arrive in Canada prior to the entry of the principal foreign national.

Principal foreign national is work-permit exempt, TRV applicant and family members are TRV-required

If the dependent family members and the principal foreign national are TRV-required, the dependent family members are not eligible to apply for an open work permit before entry.

Foreign nationals are not authorized to work without a work permit under R186 until they have entered Canada. Therefore, family members of a principal foreign national, who is applying for a TRV to enter Canada to work without a work permit under R186, do not meet the eligibility criteria until the principal foreign national has been authorized to enter Canada and work under R186.

Principal foreign national is work-permit exempt, TRV-exempt

Since foreign nationals are not authorized to work under R186 until after their entry to Canada, the principal foreign national must precede the family member entry to Canada. The family members can then provide proof the principal foreign national is working under R186 when they apply for an open work permit before entry.

Family group is at the port of entry

If the family members present themselves as a group at the port of entry, they must all meet the requirements under R198(1).

The principal foreign national’s application is assessed first before the rest of the family.

The principal family members application in the group may be considered as documentary evidence of the authority to work in Canada, the occupational level and 6 month duration.

If the family members are TRV-exempt, and the principal foreign national has preceded them to Canada and was allowed entry with an assessment that they met the requirements of R186 [other than R186(f, v or w)], then the family members may apply at the port of entry.

Family group inside of Canada

Principal foreign nationals and family members may apply as a family group in Canada if they meet the requirements of R199.

Officers should assess the principal foreign national’s application first. After the decision is finalized on the principal foreign national, the processing officer should assess the rest of the family group.

For example, family members can submit their application for an open work permit, even if the principal foreign national is working without work permit under the authority of R186(w). However, at the time of decision on that application, all eligibilities must be met.

Family members of Post Graduate Work Permit (PGWP) applicants

Family members of PGWP applicants cannot be issued an open work permit if the PGWP applicant is working without work permit under R186(w). The PGWP applicant remains working under R186(w) until the actual work permit is issued.

At the time of the PGWP application submission, the study permit holder and the family member(s) can submit their different work permit applications as a family group.

As with the family group outside Canada, the principal foreign national’s PGWP application would be assessed first, and then the family member’s open work permit application would be finalized.

If the family member applies for an open work permit after the principal foreign national submits their application for a PGWP, the principal foreign national must have been issued their work permit prior to the time of decision on the family member’s application.

For example, if the spouse applies separately, and the spouse’s application comes up for decision before the principal applicant’s application, and the officer did not have proof that the principal foreign national’s PGWP application has been approved, then the principal applicant has not yet received approval on their PGWP application or has not been issued a PGWP and they are still working under R186(w). The spouse in this case is not eligible and the spousal open work permit application would be refused.

Application assessment

Officers must be satisfied that all eligibility requirements are met at the time of decision on the family member work permit application.

Mandatory association to the principal foreign national: The family member must be associated with the principal foreign national in GCMS. Association should be completed on the Client screen and not just within the application.

This is required to ensure the ability to revoke a family member work permit under public policy considerations.

If officers have any concerns as to the genuineness of the proof of employment or other documents provided, they may wish to undertake an assessment to ensure this material information is genuine and does not reflect a direct misrepresentation of facts in order to appear eligible for the permit.

Principal foreign national

The principal foreign national is the first foreign national in the couple who has applied for and obtained a work permit or was deemed authorized to work under the provisions of section R186.

In assessing eligibility for a family member open work permit, the principal foreign national continues to remain the principal in the couple and cannot obtain a spousal open work permit under R205(c) off of the spousal open work permit of their spouse.

For example, if the principal foreign national is the holder of a work permit issued based on a LMIA and the dependent spouse obtains an open work permit under LMIA exemption code C47 as the spouse of a low-skilled worker, the principal foreign national cannot quit their job under the LMIA-based work permit and obtain a work permit in the high-skilled spousal category (LMIA exemption code C41) on the basis of their spouse’s C47 open work permit and employment in a TEER category 0, 1, 2 or 3 occupation.

Genuine relationship

As per section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership

• was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
• is not genuine

If officers have concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.

Dependent children and working age

There is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).

The ‘working age’ varies across provincial and territorial jurisdictions and there is no minimum age for work permit issuance specified in the Immigration and Refugee Protection Act (IRPA) or its regulations.

As such, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.

IRCC and CBSA officers are not required to assess the minimum age requirements in the province of destination for dependent children. Therefore, the onus is on the Canadian employers to meet the requirements of the labour laws of the province of destination.

Please refer to the PDIs on Who qualifies as a dependent child to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.

The child must meet the definition of dependent child when we receive the work permit application and at time of decision.

Final decision

Approval

Under the Application screen, officers should enter the following information in the specified fields:

Refusals

If an officer has determined that the applicant does not meet the eligibility requirements. They should record their reasons for decision as per the instructions in: Decision making: Standard of review and process for making a reasonable decision.

Previous updates

January 30, 2023