As of 31st Jan 2023, the criteria for spousal OWP of a PGWP holder has changed its conditions. Now the spouse of a PGWP holder can apply OWP when the PGWP holder received any job offer from teer 1 to 5 (high to low skilled worker). Currently, I have a PGWP and works as a part-time cashier at Fortinos. Does these conditions can help my spouse get a OWP?
Open work permits for family members of foreign workers: Who can apply
Low-skilled worker
Here are the specific rules on IRCC website:
Principal foreign worker requirements
You must meet 4 requirements:
Your spouse and dependent children aren’t eligible at this time if you work in a TEER 4 or 5 job under the low-wage stream, the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program.
The stream or program you were hired under is listed on the labour market impact assessment approval letter you got from your employer.
Exceptions to eligibility
Your family members aren’t eligible for this temporary measure if any of the following situations apply to you (the principal applicant):
Open work permits for family members of foreign workers: Who can apply
Low-skilled worker
Here are the specific rules on IRCC website:
Principal foreign worker requirements
You must meet 4 requirements:
- You have 1 of the following:
- a valid work permit (some exceptions apply)
- an approval for a work permit that hasn’t been issued yet
- an authorization to work without a work permit
- Your work permit must be valid in Canada for at least 6 months after we receive your family member’s open work permit application.
- You’re employed or will be employed in a low-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 4 or 5 of the National Occupation Classification system) at the time your family member submits their application.
- You’re living or plan to live in Canada while working.
Your spouse and dependent children aren’t eligible at this time if you work in a TEER 4 or 5 job under the low-wage stream, the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program.
The stream or program you were hired under is listed on the labour market impact assessment approval letter you got from your employer.
Exceptions to eligibility
Your family members aren’t eligible for this temporary measure if any of the following situations apply to you (the principal applicant):
- You hold a work permit under the low-wage stream of the Temporary Foreign Worker Program.
- You hold a work permit under the Seasonal Agricultural Worker Program.
- You hold a work permit under the agricultural stream of the Temporary Foreign Worker Program.
- You’ve made a refugee claim that was referred to the Immigration Refugee Board.
- You’re subject to an unenforceable removal order.
- You’re an international student who’s working in a co-op program.
- You’re an international student working off-campus without a work permit.
- You’re applying for a PGWP, but have not received a positive decision on the PGWP at the time the decision on your family member’s application is made.
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