IRCC Clarifies Low-Skilled Worker Family Permit Rules in Aug 2026

If your spouse works in a TEER 4 or 5 job in Canada, your family's work permits may depend on one date: January 21, 2025.

That date changed the rules for open work permits for family members of low-skilled workers. New applications from abroad or in Canada now face tighter eligibility. But if you already hold a C47 or C48 open work permit, a special facilitation measure may still let you renew under the old rules. This article walks you through every requirement, the documents you need, the fees, and exactly who still qualifies under IRCC's instructions updated February 3, 2025.

Bottom line: these rules cover three groups, applications received on or before January 21, 2025, family members of workers transitioning to permanent residence, and renewals filed on or after January 21, 2025 under the facilitation measure.

What Are the C47 and C48 Open Work Permits?

The Minister designated work performed by family members of principal foreign nationals employed in low-skilled occupations as necessary for public policy reasons tied to Canada's economy and academic institutions. That designation lives in subparagraph R205(c)(ii) of the Immigration and Refugee Protection Regulations, and it sits inside the International Mobility Program, meaning no LMIA is needed for the family member.

Two administrative codes matter here:

• C47, spouse or common-law partner of a low-skilled worker
• C48, dependent child of a low-skilled worker

Low-skilled occupations are those in the National Occupational Classification (NOC) TEER categories 4 and 5. Since family members of low-skilled workers only became eligible after November 16, 2021, officers assess the occupation using the NOC 2021 matrix only.

One important note on who counts as a dependent child. Under section R2, a dependent child is the biological or adopted child of the parent who is either under 22 years of age and not a spouse or common-law partner, or 22 or older who has depended substantially on the parent's financial support since before age 22 and cannot be financially self-supporting due to a physical or mental condition. The child can be the biological or adopted child of the principal foreign national or of their spouse or common-law partner.

Does Your Spouse's Job Still Qualify You?

For you to be eligible under C47 or C48, the principal foreign national, your working spouse or parent, must meet every one of these requirements at the time the officer decides your application. Not when you apply. When the decision is made.

1. Valid work authorization. They must hold a valid work permit or provisional approval (the letter of introduction has been issued), employer-specific or open, or be authorized to work without a permit under section R186.
2. Six months of validity remaining. Their work authorization must last at least 6 months after the receipt date of your open work permit application.
3. Employment in a TEER 4 or 5 occupation. They must be employed, or, if only provisionally approved, will be employed, in a low-skilled occupation.
4. Not in an excluded LMIA stream. If the permit is LMIA-based, it cannot be in the Seasonal Agricultural Worker Program (SAWP), the agricultural stream, or the low-wage stream.
5. Physically residing in Canada. They must be physically residing, or plan to physically reside, in Canada while employed.
6. Genuine family relationship. They must be your genuine spouse or common-law partner, or your parent as defined in R1(3)(b) or (c).

Here is a concrete example of the 6-month rule. Say you submitted your open work permit application on March 1, 2024. Your spouse's work authorization must be valid until at least September 1, 2024. If their permit expires August 15, you do not qualify, even by two weeks.

If you are applying from inside Canada, you must also have valid temporary resident status (including maintained status under R183(5)) or be eligible for restoration, and be eligible to apply for a work permit from within Canada under R199.

Which Work Permits Do NOT Count?

Not every work permit makes your spouse a qualifying principal foreign national. The following authorizations are excluded:

• R204(a), spousal open work permits under an international Free Trade Agreement (FTA)
• R205(a), open work permits for spouses, partners, and dependent children under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (C91), or for spouses and partners under the Rural and Northern Immigration Pilot (RNIP) (C17), the Rural Community Immigration Pilot (RCIP), and the Francophone Community Immigration Pilot (FCIP) (C17)
• R205(c)(i.1) or (i.2), co-op programs for students (codes C32 or C33)
• R205(c)(ii), family member of a worker in any TEER (codes C41, C46, C47, C48, C49) or spouse of an international student (C42)
• R206, refugee claimant or unenforceable removal order (codes S61 or S62)

For those authorized to work without a permit under R186, the exceptions are paragraphs R186(f), (v), and (w).

That last exclusion, R186(w), has a real consequence. It is the provision that lets a post-graduation work permit applicant keep working while awaiting a decision. Family members of PGWP applicants working under R186(w) cannot be issued an open work permit, the PGWP itself must be issued first.

The LMIA Stream Check, and the Agri-Food Pilot Exception

If your spouse's work permit is LMIA-based, the stream matters. Officers confirm the stream from the LMIA approval letter or the ESDC "Comments" field in GCMS. These are the abbreviations you may see:

SAWP, agricultural stream, and low-wage stream permits are excluded, with one major exception. Family members of principal applicants under the Agri-Food Pilot remain eligible for C47/C48 if the principal applicant holds (or is approved for) an LMIA-based work permit in the agriculture or low-wage stream and received an acknowledgment of receipt letter from IRCC confirming their permanent residence application is complete. If the principal holds a bridging open work permit instead, family members may qualify under C49.

Two more details worth knowing. First, your spouse can be on authorized leave, maternity leave, for example, and still count as employed, as long as they are expected to return to the same employer. Second, part-time employment is acceptable. There is no minimum hours threshold, but the officer must be satisfied the wages or total funds available will support your family in Canada and enable you to depart.

What Documents Do You Need To Prove Your Case?

Officers must be satisfied they have enough evidence to assess the application. Expect to provide:

1. Proof of relationship. For spouses and partners: a marriage certificate or Statutory Declaration of Common-Law Union (IMM 5409). For dependent children: a birth certificate or adoption papers proving they meet the section R2 definition.
2. Proof of TEER 4 or 5 employment. A job contract or employer letter indicating the NOC TEER category and duties. If the NOC code is missing, officers must assess the TEER from the job title and duties, they cannot refuse simply because the code was not stated.
3. Proof of work authorization. A copy of the work permit, a visitor record showing work under R186, passport stamps, or the letter of introduction for provisional approval.
4. Proof of 6-month validity. Documents showing the authorization extends at least six months past your application's receipt date.
5. Proof the LMIA is not in an excluded stream (if the permit is LMIA-based).

If the principal foreign national holds an open work permit or is work-permit exempt, the permit itself does not reveal the occupation level. You must also supply a letter from their current Canadian employer confirming employment, occupation, NOC, and duties (or their offer or contract), plus evidence they are employed in a TEER 4 or 5 occupation from when your application is received until a decision is rendered.

One protection for you: officers cannot refuse your application because you entered the wrong category code. Choosing the correct administrative code is IRCC's responsibility, not yours.

Applying as a Family Group or With a PGWP Applicant?

If you and the principal worker apply together as a family group, their application is assessed first. Their application can serve as evidence of work authorization, occupational level, and the 6-month duration requirement.

The PGWP situation trips people up, so follow the sequence carefully:

• At submission, the study permit holder and family members can file work permit applications together as a family group. The PGWP is assessed first, then the family member's open work permit is finalized.
• Because a PGWP is an open work permit, the principal must provide evidence of Canadian employment in a TEER 4 or 5 occupation for the family member to qualify.
• If the family member applies after the PGWP application is submitted, the PGWP must already be issued before a decision is made on the family member's file, and the principal must be employed in TEER 4 or 5.
• If the spouse requests priority processing before the PGWP is approved, they are not eligible, the principal is still working under R186(w), and the spousal open work permit would be refused.

Workers Transitioning to Permanent Residence, Are You Still Covered?

Yes, in defined cases. If the principal foreign national holds or is approved for a work permit under certain IMP categories linked to a permanent residence pathway, but has not yet submitted a PR application, you must meet the standard eligibility above. This applies to applications received on or before, or after, January 21, 2025. Examples include:

• Specific Quebec Selection Certificate (CSQ) holders currently in Quebec [R205(a) – A73]
• Provincial nominees under provincial agreements [R204(c) – T13]
• Atlantic Immigration Program (AIP) [R204(c) – C18]
• Yukon Community Pilot open work permits [R205(a) – A75]

Family members who still meet the C47 or C48 requirements are eligible for renewal under subsection R201(1) regardless of whether the application was filed before or after January 21, 2025.

The January 21, 2025 Facilitation Measure, Can You Renew Under the Old Rules?

A facilitation measure took effect on January 21, 2025. It allows in-Canada family members of high-skilled and low-skilled workers to renew under the pre-January 21, 2025 criteria, but only if the renewal duration aligns with the principal foreign national's existing work authorization.

"Existing" has a precise meaning. It is the work permit the principal held on the basis of which your previous C41/C47 (spouse) or C46/C48 (child) open work permit was issued before January 21, 2025. If the principal has since received another work permit, even for the same position and employer, you fall under the post-January 21, 2025 rules.

You may renew under the old rules if all of the following are true:

1. You were issued your open work permit under C41/C46 or C47/C48 before January 21, 2025.
2. You are in Canada and applying to renew under the same category.
3. The principal foreign national still holds a valid work permit with 6 months or more remaining.
4. The renewal only aligns your open work permit's validity with the principal's current work permit.

There is one exception. If the principal received a work permit before January 21, 2025, but it was shortened by an administrative issue, an expiring passport, for instance, and then applied on or after that date for a permit covering the full job contract, family members may still renew under the pre-January 21, 2025 rules.

Consider this scenario: Maria holds a C47 permit issued in 2024 based on her husband's low-wage-exempt work permit. His permit is unchanged with eight months left. She can renew under the old rules, but only for a duration matching his existing authorization. If he switches to a new permit first, she is assessed under the new rules.

Can Your Child Get a Work Permit? Yes, and Other Surprising Rules

There is no set minimum age for a work permit. Neither the IRPA nor its regulations specify one, and working age varies by province and territory. Applications for minor children are filed at the discretion of parents or authorized guardians. Officers are not required to assess provincial minimum age requirements, that onus falls on Canadian employers under provincial labour laws. Unless there are reasonable grounds to believe the child cannot perform the work, or another refusal reason exists, minors may be issued a work permit. The child must meet the dependent child definition both when IRCC receives the application and at the time of decision.

Two more rules catch families off guard:

• One principal per couple. The principal foreign national cannot "piggyback" on the spouse's C47 permit. If Client A holds an LMIA-based low-skilled permit and Client B gets a C47 open work permit, Client A cannot quit and obtain a high-skilled spousal permit (C41) based on Client B's employment in a TEER 0–3 job. Dependent children can never be the principal foreign national under R1(3).
• Genuine relationship test. Under section R4, a marriage or partnership entered into primarily for immigration status, or one that is not genuine, disqualifies the applicant. Officers may request further documentation if they have concerns.

What Happens When IRCC Decides, Fees, Duration, and Refusals

On approval, the permit is issued under R205(c)(ii) as an open permit with NOC 99999, case type 20, and the mandatory remark "Authorized to work as per applicable labour laws." The duration ends no later than the principal foreign national's authorized stay or your passport expiry, whichever comes first. The fees are:

If the principal is working without a permit under R186(u) when you apply, your application is placed on hold until their work permit application is assessed.

On refusal, officers must clearly document reasons and engage with your evidence, a bare statement that "section R205 is not met" is insufficient. Refusals tie back to section R200, commonly paragraph R200(1)(c)(ii): you have not met the International Mobility Program category's eligibility requirements. The standard example is a principal whose work permit is valid for less than six months after your application's receipt date.

Previous updates to these instructions were published on February 3, 2025, March 28, 2024, July 13, 2023, and January 30, 2023. The page was last modified February 3, 2025.

Frequently Asked Questions

Sources: Government of Canada (canada.ca), IRCC Help Centre. Last verified: August 11, 2026. This article is general information, not legal advice. Consult IRCC or a qualified legal aid service for guidance on your specific situation.

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