New measures for families of temporary foreign workers
Several weeks ago, the federal government announced that new measures would be in force in connection with open work permits for the spouses and spouses of temporary foreign workers, and dependent children. All of this, in the current context of reducing the number of temporary residents across Canada. In a sense, it is a return to “normal”, because the provisions announced are not necessarily new in the Canadian legal landscape.
As of January 21, 2025:
- Only temporary foreign workers occupying a specialized position at FEER level 0 and 1 will be eligible for possible family reunification: open work permit (PTO), and residence permit (studies or visitor for minor children). As a reminder, FEER 0 includes management occupations, regardless of the grade level required, and FEER 1 concerns occupations requiring a university degree.
- However, there is still hope for workers in specialized positions at FEER 2 (college diploma) and FEER 3 (vocational diploma) level. On January 21, 2025, the federal government will publish the list of FEER 2 and 3 professions in serious shortage in Canada. Workers in these positions will also be eligible for possible family reunification. Examples of FEER 2 and 3 occupations: welder, machinist, toolmaker, butcher. We will therefore have to wait until January 21, 2025 to know the list.
- Note that non-specialized workers, FEER 4 and 5, will not be eligible. During the pandemic, the Trudeau government established a provision allowing unskilled workers to file a family application provided they obtained an LMIA and a work permit whose salary was equal to or greater than the provincial median. This provision, it seems, will no longer be applicable as of January 21, 2025 current
- Another special provision, having been established during the pandemic, will also not be valid as of January 21, 2025. This is the measure that made it possible to obtain a work permit open to a child of a foreign worker aged 18 to 21. This will no longer be possible.
It is important that both employers and employees understand these provisions, which you can read here:
https://www.canada.ca/fr/immigration-refugies-citoyennete/nouvelles/avis/changements-apportes-permis-travail-ouverts-membres-famille-residents-temporaires.html
Our team is at your disposal to help you. We will certainly conduct an analysis of the list of FEER 2 and 3 occupations which will be published on January 21, 2025 and will come back to you on this subject.
