Program delivery update: Public policy, competitiveness or economy [R205(c)(ii) – C41, C42, C46, C47, C48, C49] – Canadian interest – International Mobility Program

July 13, 2023

The instructions relating to all the labour market impact assessment exemptions under work designated by the minister as per paragraph R205(c )(ii) – administrative codes C41, C42, C46, C47, C48, and C49 have been updated.

As of July 13, 2023, the changes related to family members of workers apply to all new and pending applications in the inventory.

The following changes are important:

• Clarified that all family members of students working on campus under the authority of R186(f) or who are working on a co-op work permit (code C32 or C33) are not eligible to apply for an open work permit as a family member of a worker.
• New directives were included on family group application process
• Clarified that family members of principal foreign nationals who received approval (i.e., the port of entry letter of introduction issued) on the work permit application are eligible to apply for an open work permit.
• Clarified that family members must meet the eligibility requirements at the time of decision of the open work permit application
• Included directives on working age of dependent children
• Made changes to instructions related to family members of principal foreign workers who are permanent resident applicants:
  • clarified that only family members of principal foreign nationals who submitted an application for permanent residence to IRCC may be eligible for an open work permit under the administrative coder C49.
  • Family members of principal foreign workers who are ‘potential’ permanent resident applicants who have not submitted an application for permanent resident, such as Provincial Nominee Program candidates or those who hold a work permit under a permanent resident pilot, are eligible to apply for on open work permit under C41/C46 or C46/C49 depending on the principal foreign national employment.

A table (PDF) is included to help officers processing open work permit applications received from family members of permanent resident applicants (or potential permanent residents).

Updated instructions

• Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) [R205(c)(ii) – C41 and C46]
• Family members of foreign nationals authorized to work in low-skilled occupations (TEER 4 or 5) [R205(c)(ii) – C47 and C48]
• Family members of work permit holders who are Economic Class permanent resident applicants [R205(c)(ii) – C49]
• Spouses and common-law partners of study permit holders [R205(c)(ii) – C42]