If dependent children wish to work in Canada, they must apply for an individual work permit. The requirements of said work permit are generally similar to the one applied for by the relevant parent(s). In many cases, dependent children will not be able to make a general application. They must apply for a work permit that is related to specific position of employment. Alternatively, if the dependent child is authorized to work in Canada, they may be eligible for an open work permit. Unlike the standard and specific work permit, the open work permit is not job specific. This means that the applicant will not need an LMIA (Labour Market Impact Assessment) or proof that an employer has submitted an offer of employment.
Starting January 30th 2023, family members of foreign workers are able to apply for an open work permit with exceptions applying to family members of low-skilled workers. Eligibility for application for this temporary measure is determined if a family member of a principle foreign worker in Canada is one of the following: a high-skilled worker, a low-killed worker or a work permit holder who has applied or will apply for permanent residence through an economic immigration program.
If a dependent child is ineligible for an open work permit, their employer may need a LMIA (Labour Market Impact Assessment) provided from Employment and Social Development Canada. A LMIA is usually obtained by employers who wish to hire a foreign worker. A positive LMIA demonstrates firstly that a vacancy in a particular occupation that must be filled and secondly that no Canadian worker or permanent resident is available to fill said position.
Applicants should further be aware of potential conditions on their work permit which may dictate your working hours, place of work, type of employment and employer. There are additional ‘standard’ conditions that apply universally to all work permit holders.
If you are confused about the different types of work permits and how they might affect your dependent children, please contact Fomcenco law for clear and concise clarification.
Disclaimer: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Fomcenco Law through this site does not form an attorney/client relationship. This site is legal advertising.
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