LMIA Exemption C41
International Mobility Program (IMP): Public policy – Spouse or Common-law Partner of Skilled Workers – R205(c)(ii) LMIA Exemption Code C41
Spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41 if the principal foreign worker
- holds a work permit that is valid for a period of at least 6 months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of 6 months;
- is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0 (management occupations) or skill level A or B (which generally includes professional occupations and technical or skilled trades);
- physically resides or plans to physically reside in Canada while working.
Specific eligibility requirements for different programs
Spouses or common-law partners of Atlantic Immigration Pilot (AIP) work permit holders
Officers may issue an open work permit, under LMIA exemption code C41, to the spouse or common-law partner of an AIP participant if that participant is employed in an NOC skill type 0 or skill level A, B or C position. The open work permit should have a validity that matches the principal applicant’s work permit, up to a maximum of 1 year or until the expiry of the spouse or common-law partner’s passport or travel document, whichever is earlier.
Spouses or common-law partners of bridging open work permit (BOWP) holders
If the principal foreign worker has obtained a bridging open work permit (BOWP), the following eligibility requirements apply:
- All principal foreign workers’ work permits must be valid for 6 months or longer.
- For spouses or common-law partners of federal skilled worker class (FSWC) applicants, the BOWP holder must be performing work that falls within NOC skill type 0 or skill level A or B.
- For spouses or common-law partners of provincial nominee class (PNC) applicants, the spouse or common-law partner is eligible for an open work permit for the duration of the work permit held by the principal PNC applicant, irrespective of the skill level of the principal PNC applicant’s occupation.
- For spouses or common-law partners of federal skilled trades class (FSTC) applicants, the BOWP holder must be performing work that is within one of the skilled trade occupations in NOC skill level B.
- For spouses or common-law partners of Canadian experience class (CEC) applicants, there are no set preconditions to be met by the principal CEC applicant.
- For spouses or common-law partners of caregiver applicants under the Home Child-Care Provider Pilot (HCCPP) or the Home Support Worker Pilot (HSWP), see Bridging open work permits (BWOPs) for caregivers for more details.
- For spouses or common-law partners of Agri-Food Pilot (AFP) applicants, the BOWP holder must be performing work that is at a level that falls within NOC skill type 0 or skill levels A or B.
Spouses or common-law partners of open work permit holders
If the principal foreign worker is the holder of an open work permit (for example, a post-graduation work permit or a working holiday work permit), IRCC cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill type 0 or skill level A or B.
The spousal applicant should submit all the supporting documents, including
- a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
- a copy of the principal foreign worker’s last 3 pay slips.
Still not sure what types of Work Permit is suitable for you?
- Please book an appointment with our experience RCIC by:
- Phone: 1 778 926 3086 – Wendy Cao OR
- Email: imsolutioncanadaus@gmail.com
