A Chance for Spouses of Temporary Foreign Workers in Canada - OWP C41/C49

Many Temporary Foreign Workers (TFWs) có mong muốn sống gần với vợ/chồng hoặc bạn đời của mình tại Canada. Tuy nhiên, để làm việc hợp pháp tại quốc gia này, bạn cần có sự cho phép từ chính phủ. Một trong những cách phổ biến là xin Open Work Permit (OWP) through the IMP C41 category, which is exempt from the LMIA requirement and allows the spouse of a TFW to work without needing an LMIA.

As of December 15, 2022, IRCC updated the IMP C41 code to IMP C49 in some situations. While the code has changed, the overall regulations remain the same.

What Is an Open Work Permit?

An Open Work Permit, such as one issued under IMP C41, allows you to work for any employer or organization in Canada. You have the freedom to work for others, be self-employed, or even participate in your spouse’s business. However, some permits may impose restrictions on the location or type of work you can do.

Benefits of an Open Work Permit include:

• Ensuring a stable income;
• Increasing your chances of gaining permanent residency through programs like the Canadian Experience Class;
• Contributing to the Canadian economy;
• Helping maintain a positive mental state through employment.

The IMP Program and the Role of LMIA

LMIA is a document that confirms hiring a foreign worker will not negatively affect Canada’s labor market. However, obtaining an LMIA can be complicated, costly, and often results in rejections.

The International Mobility Program (IMP) was introduced to make it easier for some cases to bypass the LMIA requirement. As part of this program, IMP C41 allows spouses of TFWs to work in Canada without the need for an LMIA.

Eligibility for an IMP C41 Work Permit

To be eligible for an IMP C41 work permit, you must meet these requirements:

• Be the legal spouse or common-law partner of a TFW;
• The TFW must have a valid work permit for at least six months or be working in Canada without a permit (depending on the exception);
• The TFW’s job must fall under one of the following categories:
  • NOC skill type 0 or levels A, B;
  • The Atlantic Immigration Program (NOC 0, A, B, C);
  • The Provincial Nominee Program (work permit through a federal-provincial agreement);
  • Quebec Skilled Worker Program with a valid CSQ.
• The TFW must currently reside in Canada or plan to reside in Canada, with the necessary documentation to prove it.

Special Cases: BOWP or PGWP

If the foreign worker holds an open work permit under programs such as BOWP or PGWP, you will qualify for IMP C41 only if their job is in NOC skill types 0, A, or B. If the TFW is not employed in Canada or is working in NOC C or D, IRCC will reject the application.

Proving a Valid Spousal Relationship

To qualify for a work permit, you must prove that your relationship is genuine. Evidence you can provide includes:

Group A: Relationship of Over 2 Years

If you and your partner have been together for more than two years, you should submit:

• A marriage certificate issued over two years ago;
• Documents that show you have lived together as common-law partners for more than two years (e.g., joint rental agreements, shared utility bills).

Group B: Shared Children

If you have children together, include:

• The child’s birth certificate;
• A marriage certificate or Statutory Declaration of Common-Law Union; 
• Other official documents confirming your relationship or marriage;
• Family records or other official documents.

Group C : Not in the Above Categories

If you do not fall under the above categories, provide as much supporting evidence as possible, such as:

• Letters from family or friends verifying your relationship;
• Photos taken at family events, vacations, or significant milestones;
• Documents proving cohabitation, like utility or phone bills.

Note: The list above is not exhaustive or restrictive. Additional documentation may be required depending on your specific case to ensure the approval of your application.

How to Apply for the IMP C41 Permit

In addition to the basic eligibility criteria, IRCC follows the guidelines outlined in section 200 of the IRPR to issue work permits. These guidelines focus on:

• Ensuring your application includes comprehensive and clear supporting documents;
• Providing sufficient evidence to demonstrate eligibility under section 200;
• A commitment to leave Canada when the permit expires.

Assistance with Your IMP C41 Application

Please contact or book a consultation with TTN Immigration’s Regulated Canadian Immigration Consultant to receive a detailed plan tailored to your case.

English news: https://ttnimmigration.ca/vi/en/co-hoi-cho-vo-chong-cua-nguoi-lao-dong-tam-thoi-tai-canada-owp-c41-c49/