Canada has announced a new policy allowing dependant children of temporary foreign workers (TFWs) to get work permits. This policy intends to address the country’s chronic labor shortages by providing greater options for families to stay together and assimilate into Canadian communities. Pathways to work in Canada.
Family members who match certain requirements will be eligible for a work visa under the new policy. Spouses, common-law partners, and dependent children of work permit holders who work in any Training, Education, Experience, and Responsibilities (TEER) category, or who are the primary applicants (of the Temporary Foreign Worker Program or the International Mobility Program) and have an open work permit (OWP). Family members of economic class permanent resident applicants who have a work visa are also included.
Family members of employees in TEER 4 or 5 occupations under the Seasonal Agricultural Worker Program’s low-wage stream and the Agricultural Stream of the Temporary Foreign Worker Program (TFWP) are not eligible at this time.
Note that TEER categories (spanning 1-5) correspond to the amount or kind of training, education, experience, and responsibility required to work in an occupation:
- TEER 0: This category includes management occupations that require a high level of education and work experience. Examples of jobs in this category are advertising, marketing, and public relations managers, as well as financial managers;
- TEER 1: Occupations in this category usually require a university degree. Examples include financial advisors who provide advice on financial matters, and software engineers who design and develop computer software;
- TEER 2: This category includes occupations that usually require a college diploma, apprenticeship training of 2 or more years, or supervisory occupations. Examples of jobs in this category are computer network and web technicians who set up and maintain computer networks, and medical laboratory technologists who perform tests and analyse samples in a medical laboratory;
- TEER 3: Occupations in this category usually require a college diploma, apprenticeship training of less than 2 years, or more than 6 months of on-the-job training. Examples include bakers, dental assistants and dental laboratory assistants;
- TEER 4: Occupations in this category usually require a high school diploma or several weeks of on-the-job training. They are typically entry-level positions that do not require extensive education or specialised skills. Examples of jobs in this category are home childcare providers, retail salespersons and visual merchandisers who assist customers in retail stores; and
- TEER 5: Occupations in this category usually do not require formal education or training and instead rely on short-term work demonstration. These jobs often involve manual labor or basic service tasks. Examples of jobs in this category include landscaping and grounds maintenance laborers, delivery service drivers, and door-to-door distributors who transport and deliver goods to customers.
Work permits were previously exclusively offered to spouses and family members of major applicants (of a work or study visa program) who worked in high-skilled occupations or were overseas students. Canada intends to promote financial security and make it simpler for families to integrate into their communities by extending work permits to TFWs’ spouses, dependents, and common-law partners, while also adding to the Canadian labor market through untapped talent currently residing in Canada.
This new regulation is expected to allow the families of over 200,000 foreign employees to enter the Canadian workforce.
Eligibility
A dependent child refers to a child who is either your own, your spouse’s or your common-law partner’s. To be eligible for the program your child should be:
- Below 22 years old; and
- Unmarried, and without a common-law partner.
If the child is 22 years or older, they qualify as a dependant if they have been reliant on their parent’s financial support 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.
An earlier definition of dependent children may be relevant for children whose age-eligibility was established on or before October 23, 2017. Despite contractual agreements or court rulings indicating a lack of custody or responsibility on the side of the sponsored individual, children who are in the exclusive custody of their other parent must nevertheless be mentioned in the application for sponsorship. These children must also pass any required medical, security, or background investigations.
Note that putting your dependant children in your application provides you the prospective chance of sponsoring the child in the future as a family class member if custody or living arrangements change. Permanent residents who do not declare all family members in their applications run the risk of losing their status. As a result, children in the custody of a former spouse or partner are likewise deemed dependent children.
If TFWs’ dependent children desire to work in Canada, they must apply for a work visa either alongside their parents or separately. If they are sponsored by a Canadian citizen or permanent resident, or if they are foreign employees in Canada, they may be eligible for an open work permit. If they are not eligible for an open work permit, their employer may be required by Employment and Social Development Canada (ESDC) to obtain a Labor Market Impact Assessment (LMIA). This evaluation is usually required prior to recruiting a foreign worker for a certain position.
It is critical for dependent children who want to work in Canada to check the minimum age requirements for the type of employment they want, as well as the province or territory where they want to work. A medical check may also be required in some situations before dependent children can work in Canada.
You can contact our expert immigration consultants for
