Dependant Open Work Permits Canada

Dependents are the principal applicant’s spouse or common law partner, children, and their children. For Canadian immigration purposes children are under 22 years and do not have a spouse or partner, or are over 22 years old (minimum age) and have relied on their parent(s) for financial since before turning the age of 22 due to a physical or mental condition, are considered to be dependents. A principal applicant is an individual who is a temporary resident or has applied for permanent residence. Under certain programs and situations, dependents can request for an open dependent work permit Canada to accompany the applicant in Canada.  Below are some of the more common dependent open work permit options and information on if you are eligible for an open work permit. 

International Students

A spouse or common law partner, or family members of a student, who are valid study permit holders can apply for a dependent work permit if the student meets the following criteria:

• Studying a master’s that is at least 16 months long or doctoral degree program

• Participating in an eligible program pilot, or

• Studying in one of the following professional degree programs at a University:

  • Doctor of Dental Surgery (DDS, DMD)

  • Bachelor of Law or Juris Doctor (LLB, JD, BCL)

  • Doctor of Medicine (MD)

  • Doctor of Optometry (OD)

  • Pharmacy (PharmD, BS, BSc, BPharm)

  • Doctor of Veterinary Medicine (DVM)

  • Bachelor of Science in Nursing (BScN, BSN)

  • Bachelor of Nursing Science (BNSc)

  • Bachelor of Nursing (BN)

  • Bachelor of Education (BEd)

  • Bachelor of Engineering (BEng, BE, BASc)

Currently, spouses or common law partners or family members of individuals under the province of Quebec pilot program ‘Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recruté-e-s à l’international, can apply for a dependent work permit.

Eligible Programs

Some specialized programs across Canada allow spouses of international students to apply for open work permits. These programs include:

High-Skilled Worker

Spouses or common-law partners of foreign workers engaged in TEER 0 or 1 occupations or select TEER 2 or 3 occupations may apply for a dependent open work permit if the following criteria are met:

1. The principal applicant must:

   • Hold a valid work permit with at least 16 months remaining.

   • Be employed in a high-demand sector, such as natural and applied sciences, construction, health care, education, or natural resources.

2. Dependents must:

   • Meet general work permit eligibility requirements.

   • Be in a genuine relationship with the principal applicant.

   • Hold valid temporary resident status or have applied for an extension or restoration of their status if they are residing in Canada.

Dependent children of high-skilled workers are no longer eligible for dependent open work permits.

Low-Skilled Worker

Spouses or common-law partners of low-skilled workers are not eligible for dependent open work permits. This includes workers employed in:

• The low-wage stream of the Temporary Foreign Worker Program.

• The Seasonal Agricultural Worker Program.

• The agricultural stream of the Temporary Foreign Worker Program.

Dependent children of low-skilled workers are also not eligible for dependent open work permits.

Work Permit Holders Who Have Applied for Permanent Residence Application

Permanent residence applicants spouses, common law partners or dependent children, of foreign workers who have applied for permanent residence through an economic immigration program, can apply for a dependent open work permit if the following is met:

The principal applicant must:

• Hold a valid temporary status, work permit, or are approved for a work permit

• Have a work permit that is valid for at least six months from when IRCC receives the dependent’s open work permit application

• Live and work in Canada or plan to live and work in Canada

• Have a work permit issued or approved because of an application for permanent residency under an economic program

• Have a complete permanent residence application submitted

Dependents must:

• Meet the general eligibility requirements for a work permit

• Be in a genuine relationship with the applicant

• Have valid temporary resident status or have applied to extend their status, or have applied for restoration of their status, if they are residing in Canada

Spouses of workers transitioning to permanent residence or those covered under free-trade agreements are not impacted by the limitations applied to other groups.

Why Hire AKM Law as Your Immigration Lawyers

Choosing AKM Law for your dependent open work permit ensures expert guidance from experienced immigration lawyers who provide personalized and comprehensive support throughout the process. We offer transparent, competitive pricing with various consultation options and are committed to access to justice, providing free initial consultations. Our efficient process management and client-focused approach keep you informed and involved, minimizing risks and maximizing your chances of success. Trust AKM Law for dedicated and professional service tailored to your needs.

For further information on how to apply for an open work permit and the requirements and eligibility for a dependent open work permit holders under the above situations or other programs, please contact AKM Law at 416-262-0042 or at akmlaw.ca.

Legal Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice, consult the relevant legislation or regulations, or contact our immigration lawyers directly.