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Work permit pathways in Canada for dependant children

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Work permit pathways in Canada: A new policy that makes dependent children of temporary foreign workers (TFWs) eligible for work permits was recently announced by Canada. This policy attempts to address the country’s ongoing labor shortages and increase possibilities for families to remain together and assimilate into Canadian society.

Family members who fit certain requirements will be qualified for a work permit under the new policy. This includes the spouses, common-law partners, and dependent children of work permit holders who hold an open work permit (OWP) and are employed in a position that falls under any of the TEER (Talent, Expertise, Environment, and Responsibility) fields. 

It also includes members of the applicants’ immediate families who have a work permit and are of the same socioeconomic status.

Family members of employees in TEER 4 or 5 positions under the low-wage stream of the Seasonal Agricultural Worker Program and the agricultural stream of the Temporary Foreign Worker Program (TFWP) are now ineligible.

It should be noted that TEER classifications (ranging from 1 to 5) reflect the quantity or type of training, education, experience, and responsibility necessary to do a particular occupation:

TEER 0: This category comprises management positions that call for extensive training and work history. Managers in the fields of advertising, marketing, and public relations, as well as finance managers, are examples of jobs in this category;

TEER 1: Work in this category often necessitates a college degree. Examples include software engineers who create and build computer software and financial advisors who offer financial advice;

TEER 2: This group of jobs comprises those that often call for a college degree, two years or more of apprenticeship training, or supervisory positions. Computer network and web technicians, who set up and maintain computer networks, and medical laboratory technologists, who conduct tests and analyze samples in a medical laboratory, are examples of employment in this category;

TEER 3: Jobs in this category typically require a college degree, fewer than two years of apprenticeship training, or more than six months of on-the-job training. Bakers, dental assistants, and dental laboratory assistants are a few examples.

TEER 4: A high school graduation or several weeks of on-the-job training are typically required for jobs in this category, which is designated as TEER 4. They are frequently entry-level jobs that don’t call for a high level of education or specialized training. 

TEER 5: Work in this field is often demonstrated during a short period of time, rather than through years of schooling. Examples of employment in this category include home childcare providers, retail salespersons, and visual merchandisers who assist clients in retail establishments. 

These positions frequently entail manual labour or simple service responsibilities. Landscaping and grounds maintenance workers, delivery service drivers, and door-to-door distributors who transport and distribute goods to customers are examples of jobs in this category.

Prior to this change, spouses and family members of principal applicants (of a work or study permit program) who were either high-skilled workers or international students were the only ones eligible for work permits. 

By granting work permits to TFWs’ spouses, dependent children, and common-law partners, Canada hopes to increase economic stability, facilitate family integration into local communities, and increase the number of workers in the country by utilizing the talent that is already present there.

According to estimates, this new legislation will make it possible for the families of more than 200,000 foreign employees to work in Canada.

Eligibility

A child who is yours, your spouse’s, or your common-law partner’s is referred to as a dependent child. In order to qualify for the program: 

  • Your child must be younger than 22 years old, 
  • And should be unmarried and not have a common-law partner. 

Children who are 22 years of age or older who have depended on their parents for financial support before reaching 22 and who are unable to maintain themselves because of a physical or mental condition qualify as dependents. Until the application processing is finished, these medical conditions must continue.

A previous definition of dependent children may be relevant for kids whose age eligibility was determined 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 sole care of their other parent must still be listed on the application for sponsorship. 

These kids must also pass any necessary background checks, security checks, and medical exams.

For Permanent Residents only, take note that listing your dependant children on your application gives you the opportunity to later sponsor the child as a member of your family class if your custody or living arrangements change. 

Permanent residents who fail to list every member of their family in their applications run the risk of losing their status. Therefore, kids under the care of a former partner or spouse are likewise regarded as dependent kids.

TFWs’ dependent children must apply for a work visa either separately or with their family if they want to work in Canada. If they are sponsored by a Canadian citizen or permanent resident, or if they are foreign employees in Canada, they might qualify for an open work permit. 

Their employer might need to request a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) if they are not qualified for an open work visa. Usually, this evaluation is necessary before recruiting a foreign worker for a particular position.

It’s critical for dependent children who want to work in Canada to confirm that the province or territory they intend to work in and the sort of job they are looking for both have minimum age restrictions. 

Furthermore, in rare circumstances, a medical exam might be needed before dependent children are allowed to work in Canada.

Summary:

  1. Canada issues work permits for dependant children of foreign employees to overcome labour shortages and encourage family integration.
  2. Work permit holders’ wives, minors under 22, and those with specified medical conditions can apply.
  3. New policy defines job eligibility using TEER classifications and excludes low-wage agricultural jobs.
  4. If not eligible for an open work visa, candidates may need background checks, medical tests, and an LMIA.
  5. Canada requires age, job, and medical exams for dependent children to work.

FAQS on Work permit pathways in Canada

Q1. What is the new policy regarding work permits for dependent children of temporary foreign workers (TFWs) in Canada? 

The new policy allows dependent children of temporary foreign workers who hold open work permits (OWPs) in certain Talent, Expertise, Environment, and Responsibility (TEER) fields to be eligible for their own work permits. This policy aims to address labor shortages, promote family unity, and enhance the integration of families into Canadian society.

Q2. Who is eligible to apply for a work permit as a dependent child under this policy? 

Dependent children of work permit holders who hold open work permits (OWPs) in specific TEER fields are eligible. These children must be younger than 22 years old, unmarried, and not in a common-law partnership. Children aged 22 and older may qualify if they have relied on their parents for financial support due to physical or mental conditions.

Q3. What are the TEER classifications, and which positions are eligible for dependent children’s work permits? 

TEER classifications range from 0 to 5, reflecting different levels of training, education, experience, and responsibility needed for various occupations. Jobs falling under TEER 0 to TEER 3 are eligible. Examples include management positions, software engineers, financial advisors, medical laboratory technologists, etc.

Q4. Are there any positions that are not eligible for dependent children’s work permits? 

Family members of employees in TEER 4 or 5 positions under the low-wage stream of the Seasonal Agricultural Worker Program and the agricultural stream of the Temporary Foreign Worker Program are not eligible.

Q5. How do dependent children apply for a work permit under this policy? 

Dependent children can apply for a work permit separately or with their family members. If a Canadian citizen or permanent resident sponsors them, or if they are foreign employees in Canada, they might qualify for an open work permit. In some cases, an employer may need to request a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) before hiring a foreign worker.

Q6. Are there any specific requirements for dependent children to work in Canada? 

Dependent children need to ensure that the province or territory they intend to work in and the type of job they are seeking do not have any minimum age restrictions. In some rare cases, a medical examination might be required before they are allowed to work in Canada.

Q7. What if a dependent child’s parent’s custody or living arrangements change?

Listing dependent children on the application gives the opportunity to later sponsor them as part of the family class if custody or living arrangements change. It’s important for permanent residents to list all family members to maintain their status.

Q8. How does this policy benefit Canada’s economy and society? 

By allowing dependent children to work in Canada, the policy aims to enhance economic stability, promote family integration into local communities, and make use of existing talent. It’s estimated that over 200,000 families of foreign employees may benefit from this legislation.

Q9. Can dependent children apply for permanent residency through this policy? 

This policy primarily focuses on work permits for dependent children. For information about permanent residency options, individuals should consult the official immigration authorities or legal experts.

Q10. Where can I find more information about this policy and its application process? 

For detailed information about the policy, eligibility criteria, and application process, individuals should refer to the official website of Immigration, Refugees, and Citizenship Canada (IRCC) or consult with authorized immigration consultants.

Summary:

  1. New Policy for TFW Families
  2. Needs open work permit.
  3. Expanded Benefits.
  4. Increased Workforce.
  5. It may require LMIA approval.
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