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Canada’s Work Permit Pathways for Dependent Children of age

Canada’s Work Permit Pathways for Dependent Children of age

Canada’s Work Permit Pathways for Dependent Children of age

November 1, 2023
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Canada has recently unveiled a groundbreaking policy designed to alleviate chronic labor shortages and foster family integration within its communities. This initiative allows dependent children of temporary foreign workers (TFWs) to qualify for work permits, expanding opportunities for families to stay together.

Under the updated policy, specific criteria determine the eligibility of family members for a work permit. This includes spouses, common-law partners, and dependent children of work permit holders engaged in a job falling under any Training, Education, Experience, and Responsibilities (TEER) category. Additionally, the policy covers principal applicants of the Temporary Foreign Worker Program or the International Mobility Program holding an open work permit (OWP). Family members of economic class permanent resident applicants with a work permit are also included.

Notably, family members of workers in TEER 4 or 5 jobs under the low-wage stream of certain programs are not eligible at this time.

TEER categories (ranging from 0 to 5) correspond to the required level of training, education, experience, and responsibility for occupations:

  • TEER 0: Management occupations with a high level of education and work experience.
  • TEER 1: Occupations requiring a university degree.
  • TEER 2: Occupations usually requiring a college diploma, apprenticeship, or supervisory roles.
  • TEER 3: Occupations typically requiring a college diploma, apprenticeship, or on-the-job training.
  • TEER 4: Entry-level positions not demanding extensive education or specialized skills.
  • TEER 5: Jobs not requiring formal education, relying on short-term work demonstration.

Previously, work permits were limited to spouses and family members of principal applicants in high-skilled occupations or international students. This extension of work permits aims to enhance financial stability for families and streamline their integration into Canadian communities, contributing to the Canadian labor force.

It is estimated that this policy change will empower the families of over 200,000 foreign workers to actively participate in Canada’s workforce.

Eligibility Criteria for Dependent Children

A dependent child, whether biological or a stepchild, qualifies if they are:

  • Below 22 years old.
  • Unmarried, without a common-law partner.

If the child is 22 years or older, they qualify as dependent if they have been financially reliant on their parents since before turning 22 and cannot support themselves due to a physical or mental condition. These medical conditions must persist until the application processing is complete.

For children whose age eligibility was established before October 23, 2017, a previous definition of dependent children might apply. Children in exclusive custody of their other parent must still be included in the sponsorship application, despite agreements or court orders indicating otherwise. These children must pass mandatory medical, security, and background checks.

Implications for Permanent Residents

Permanent residents including their dependent children in their application gain the potential chance to sponsor the child in the future as a family class member. Failure to declare all family members may risk losing permanent resident status. Even children in the custody of a previous spouse or partner are considered dependent.

Work Permits for Dependent Children

Dependent children of TFWs seeking to work in Canada must apply for a work permit either with their family or separately. They may be eligible for an open work permit if sponsored by a Canadian citizen or permanent resident, or if they are foreign workers in Canada. If not eligible for an open work permit, their employer may need a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). This assessment is usually required before hiring foreign workers.

It’s crucial for dependent children aspiring to work in Canada to check minimum age requirements for the desired job and the province or territory they intend to work in. In some cases, a medical examination may be required before they can work in Canada.

This new policy marks a significant step in Canada’s commitment to family reunification and labor market support.

How ASI Immigration Can Help

At ASI Immigration, we understand the intricacies of Canada’s evolving immigration policies. Our experienced professionals can guide you through the process, ensuring that you and your family make the most of these opportunities. Whether you’re a temporary foreign worker or a permanent resident, ASI Immigration is committed to facilitating your journey, from understanding eligibility criteria to assisting with work permit applications for your dependent children. Let us navigate the complexities of immigration for you, so you can focus on building your future in Canada.

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