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Exploring Canada’s Work Permit Avenues for Dependent Children of Various Ages

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In a groundbreaking move, Canada unveiled a fresh policy designed to extend work permit opportunities to the dependent children of temporary foreign workers (TFWs). This visionary strategy seeks to not only address persistent labor shortages within the nation but also foster family unity and seamless integration into Canadian communities.

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Under the recently introduced policy, family members meeting specific criteria are now eligible for work permits. This encompasses spouses, common-law partners, and dependent children of work permit holders engaged in roles spanning a spectrum of Training, Education, Experience, and Responsibilities (TEER) categories.

Likewise, principal applicants under the Temporary Foreign Worker Program or the International Mobility Program holding open work permits (OWP) are covered. Even family members linked to economic class permanent resident applicants holding work permits are included within the ambit of this policy.

Nonetheless, it’s important to note that family members of workers in TEER 4 or 5 positions within the low-wage stream of the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program (TFWP) currently remain ineligible.

The TEER categories, categorized from 0 to 5, closely correspond to the level and nature of training, education, experience, and responsibility required for specific occupations:

  • TEER 0: Embracing management positions demanding substantial education and experience, such as advertising, marketing, and financial management roles.
  • TEER 1: Encompassing occupations necessitating a university degree, including financial advisors and software engineers.
  • TEER 2: Enlisting jobs typically requiring a college diploma or an apprenticeship of at least 2 years, such as computer network technicians and medical laboratory technologists.
  • TEER 3: Covering roles demanding a college diploma, apprenticeship of less than 2 years, or over 6 months of on-the-job training, such as dental assistants and bakers.
  • TEER 4: Including positions needing a high school diploma or short on-the-job training, like retail salespersons and home childcare providers.
  • TEER 5: Involving jobs relying on minimal formal education or training, primarily involving manual labor or basic service tasks, such as delivery drivers.

Unlike the previous framework where work permits were restricted to the spouses and family members of high-skilled workers or international students, this expanded approach encompasses the spouses, dependents, and common-law partners of TFWs. By doing so, Canada aspires to enhance financial stability, promote community integration, and unlock latent talent already residing within the country’s borders, all while augmenting the Canadian workforce.

Projections indicate that this novel policy could extend work opportunities to the families of more than 200,000 foreign workers, magnifying the socio-economic impact.

Eligibility

Eligibility under this policy hinges on the definition of a dependent child, encompassing one’s own child, spouse’s child, or common-law partner’s child. Eligible children must:

  • Be under 22 years old.
  • Remain unmarried and devoid of a common-law partner.

For those aged 22 or older, dependent status is retained if they’ve relied on parental financial support before turning 22 and are unable to sustain themselves due to a physical or mental condition, which should persist until the application processing concludes.

For children whose age eligibility was established before October 23, 2017, prior definitions of dependent children may apply. Even children under exclusive custody of the other parent must still be included in the sponsorship application, overriding any written agreements or court orders indicating a lack of responsibility.

A noteworthy point for Permanent Residents is that declaring dependent children in the initial application opens the door to potential sponsorship as family class members in the future, given custody or living circumstances change. Omitting family members from applications risks jeopardizing permanent resident status, extending to children in the custody of previous spouses or partners.

Dependent children of TFWs aspiring to work in Canada can seek their work permit in conjunction with their family or separately. Eligibility for an open work permit arises if sponsored by a Canadian citizen or permanent resident or if they’re foreign workers already in Canada. However, if an open work permit isn’t feasible, their employer might need to secure a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). Typically, this assessment is a prerequisite for hiring foreign workers for specific roles.

Crucially, dependent children aspiring to work in Canada must ascertain the minimum age requirements for their desired job and the specific province or territory. Furthermore, certain scenarios might entail a mandatory medical examination before commencing work.

In essence, Canada’s latest policy reshapes the landscape of work permit opportunities for dependent children, setting a dynamic precedent for family integration and workforce augmentation.”

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