Family reunification is a fundamental cornerstone of Canada’s immigration strategy, and to further this objective, Immigration Refugees and Citizenship Canada (IRCC) has implemented a new measure: Open Work Permits are now available for outland applications. The aim is to facilitate the reunification of more families within the country. Under this new measure, spouses, partners, and dependents of permanent residents, Canadian citizens, temporary workers, and students who are already in Canada may now be eligible for an Open Work Permit.

Previously, open work permits were restricted to applicants under inland sponsorship or those already residing in Canada on a Temporary Residence Visa (TRV). However, the recent change extends eligibility for open work permits to those applying from outside of Canada (outland sponsorship).

To expedite the process, IRCC aims to process all spousal sponsorship applications within 12 months.

Eligibility for open work permits

Family members include spouses, common-law partners, conjugal partners, and dependent children over 18 years old.

Eligibility criteria for open work permits, as stated by IRCC, encompass the following conditions:

• The family member must have a valid temporary resident status, maintain their status, or be eligible for restoration of status.
• The sponsored party must have the same residential address as their sponsor in Canada when applying for the open work permit.

IRCC public policy allows officers to grant an open work permit to foreign nationals who meet any of the following conditions:

• They are the principal applicant with a submitted permanent residence application under the spouse or common-law partner in Canada, or as a spouse, common-law or conjugal partner under the family class, which has been accepted for processing by IRCC.
• They have submitted a work permit application for a maximum duration of two years.
• They are the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law or conjugal partner.
• They have the same residential address as their sponsor in Canada at the time of the application and possess valid temporary resident status in Canada or have applied for restoration of status.

Alternatively, open work permits may also be granted to dependent children who meet the following conditions:

• They have been included as an accompanying family member in the application for permanent residence.
• They have submitted a work permit application for a maximum duration of two years.
• They have the same residential address as the principal applicant and their sponsor in Canada at the time of the application and possess valid temporary resident status in Canada or have applied for restoration of status.

Family reunification is a top priority in Canada.

This initiative was announced on May 26 by Immigration Minister Sean Fraser. Along with open work permits for outland spousal sponsorship, other family reunification measures were introduced, such as:

• Faster processing times for spousal applicants’ temporary resident visas (TRVs)
• New, dedicated processing tools for spousal TRV applicants.
• Open work permit extension availability for open work permit holders expiring between August 1st and the end of 2023.

Minister Fraser expressed IRCC’s dedication to reuniting families expeditiously and enabling them to work and support themselves more swiftly upon arrival. This approach not only helps newcomers fulfill their potential but also strengthens Canada’s economy and social fabric.