New Policy: Spouse and Dependents Open Work Permit / TRV for Family Class Application

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Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the Family Class from work permit requirements

Background

Some sponsored spouses, partners, and their dependent children may come to Canada as temporary residents and live with their sponsor during the processing of their application for permanent residence.

Allowing these spouses, partners, and their dependent children, who have applied for permanent residence under the Spouse or Common-Law Partner in Canada Class or the Family Class to work in Canada while their application is being processed improves their integration as it allows these individuals to engage with, and contribute to Canadian society earlier in their journey toward becoming permanent residents.

Public Policy Considerations

This public policy allows sponsored spouses and partners in Canada to support their family and build their lives together. The work of sponsored spouses and partners, and their family members, creates social and economic benefits for Canadian citizens and permanent residents.

This public policy facilitates the issuance of an open work permit to foreign nationals applying under the Spouse or Common-Law Partner in Canada Class or the Family Class, and their family members, who have a valid temporary resident status, maintained their status or are eligible for and have applied to restore their status, and have the same residential address as their sponsor in Canada when they apply for an open work permit.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are public policy considerations that justify the granting of an exemption from the provisions of the Regulations to foreign nationals who meet the conditions (eligibility requirements) described below.

Conditions (eligibility requirements)

Based on the public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below to foreign nationals who meet the following conditions of either 1 or 2:

• The foreign national:
  • is a principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class or as a spouse, common-law or conjugal partner under the Family Class that has been accepted for processing by Immigration, Refugees and Citizenship Canada after meeting the requirements of a complete application under section 10 of the Regulations and the “Ministerial Instructions with respect to the processing of applications for permanent residence made by a foreign national as a sponsored spouse, common-law partner, conjugal partner or dependent child and the processing of sponsorship applications made in relation to those applications” published in the Canada Gazette Part I on December 24, 2016, and that has not been refused or withdrawn;
  • has submitted a work permit application under section 200 or 201 of the Regulations, where the duration of the work permit requested is for a maximum of two years;
  • is the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law or conjugal partner;
  • has the same residential address as their sponsor in Canada at the time of application; and,
  • has a valid temporary resident status in Canada or is eligible for and has applied for restoration of status.
    OR
• The foreign national:
  • is a dependent child – per the definition in section 2 of the Regulations – and has been included as an accompanying family member in the application for permanent residence referred to in condition (eligibility requirement)1.(i), of a principal applicant who has been found to meet conditions (eligibility requirement) 1.(i), 1.(iii), 1.(iv) and 1.(v);
  • has submitted a work permit application under section 200 or 201 of the Regulations, where the duration of the work permit requested is for a maximum of two years;
  • has the same residential address as the principal applicant and their sponsor in Canada at the time of application; and,
  • has a valid temporary resident status in Canada or is eligible for and has applied for restoration of status.

Fees

All applicable fees, including fees for processing a work permit application and open work permit holder fees, are payable.

Provisions of the Regulations for which an exemption may be granted

For foreign nationals who meet the conditions listed in 1 or 2:

• Paragraphs 199(a) to (i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
  Other eligibility and admissibility requirements

Foreign nationals eligible under this public policy are subject to all applicable eligibility and admissibility requirements of the Act and Regulations not otherwise exempted.

Start and End Dates

This public policy takes effect 90 days after the date of my signature. The public policy may be revoked at any time. Applications received pursuant to this public policy on or after the coming into effect date and before the revocation of the public policy, and pending applications that were received by IRCC that have not been finalized on the date this public policy takes effect will be processed under this public policy.