Changes to Open Work Permit Eligibility for Family Members of Temporary Residents

Table of Contents:

  1. Introduction
  2. Overview of the New Open Work Permit Eligibility
  3. Eligibility Criteria for Spouses of International Students
  4. Eligibility Criteria for Spouses of Foreign Workers
  5. Transition Provisions for Current Open Work Permit Holders
  6. Exemptions and Special Cases
  7. Conclusion

1. Introduction

The Government of Canada is introducing new changes to the eligibility criteria for open work permits (OWPs) for the family members of international students and foreign workers. As part of the broader reforms aimed at strengthening the country’s temporary resident programs, these changes are designed to align with Canada’s economic and labor market needs. Starting January 21, 2025, these adjustments will limit access to family OWPs, impacting the ability of spouses and dependent children to work while accompanying international students and foreign workers.

These changes come as part of a series of initiatives introduced by Immigration, Refugees and Citizenship Canada (IRCC) to refine immigration pathways and ensure that Canada’s temporary immigration system continues to meet the needs of both the workforce and the economy.


2. Overview of the New Open Work Permit Eligibility

Under the new measures, only the spouses of certain international students and foreign workers will be eligible for family open work permits. The IRCC has identified specific criteria for both groups, which will be effective from January 21, 2025. These changes aim to prioritize spouses of individuals in high-demand sectors and specific fields of study that are aligned with the country’s broader economic goals.

The family open work permits (OWPs) will no longer be available to all spouses or dependent children of international students and foreign workers, but will be restricted to those who meet newly defined criteria.


3. Eligibility Criteria for Spouses of International Students

As of January 21, 2025, the eligibility for spouses of international students to apply for an OWP will be limited to the following categories:

  • Spouses of international students enrolled in master’s programs that are 16 months or longer in duration.
  • Spouses of international students enrolled in doctoral programs.
  • Spouses of international students enrolled in select professional or eligible programs, as determined by IRCC.

This restriction aims to focus on students whose educational paths contribute to specific labor market needs, ensuring that family members of students who are engaged in longer and more advanced programs have the opportunity to contribute to the workforce during their stay in Canada.


4. Eligibility Criteria for Spouses of Foreign Workers

The changes will also affect the family members of foreign workers, with eligibility limited to:

  • Spouses of foreign workers employed in TEER 0 or 1 occupations, which include managerial and professional roles.
  • Spouses of foreign workers employed in select TEER 2 or 3 occupations that are in sectors experiencing labor shortages or are directly aligned with government priorities. These sectors include natural and applied sciences, construction, health care, natural resources, education, sports, and military services.

In addition, the foreign worker must have at least 16 months remaining on their work permit at the time the spouse applies for the OWP. This ensures that family members are not permitted to join the workforce unless their spouse’s work situation is secure for an extended period.


5. Transition Provisions for Current Open Work Permit Holders

For individuals who already hold an open work permit under the previous rules, there are provisions to ensure their permits remain valid. These current OWPs will not be affected by the new eligibility criteria, and they will continue to be valid until their expiration.

Furthermore, if a student needs additional time to finish their program or if family members received a shorter work permit duration than the principal applicant, those currently in Canada may apply to renew their OWPs. However, these renewals must meet the following conditions:

  • They must be applying under the same criteria as their current work permit.
  • The requested renewal duration must align with the existing study or work permit duration of the principal applicant.

This transition provision ensures that those who were approved for an OWP under the previous system are not left in limbo.


6. Exemptions and Special Cases

While most family members will be subject to the new eligibility rules, some groups are exempt from these changes:

  • Spouses of foreign workers covered under free-trade agreements, such as those under the Canada-United States-Mexico Agreement (CUSMA), will not be impacted by these changes.
  • Spouses of foreign workers transitioning to permanent residence will also continue to be eligible for family OWPs regardless of the new restrictions.

Additionally, family members who no longer qualify for a family OWP can apply for any other type of work permit they may be eligible for under Canada’s existing work permit programs. This flexibility ensures that family members who lose their eligibility for an OWP still have other options available to them.


7. Conclusion

The changes to the open work permit eligibility for family members of international students and foreign workers represent a shift in Canada’s approach to temporary resident programs. By limiting access to family OWPs based on specific criteria, the Government of Canada is focusing on high-priority sectors and occupations that align with the country’s economic goals.

Starting January 21, 2025, only spouses of international students in select programs and foreign workers in specific high-demand sectors will be able to apply for family OWPs. While these changes will restrict eligibility for some, they come with transition provisions for existing permit holders, as well as exemptions for certain groups.

For those impacted by the changes, it is important to understand the new requirements and explore other available options. Family members of international students and workers should consult with immigration professionals to navigate these updates and ensure they are in compliance with the latest policies.

For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!

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