Key Points
- Canada revised the family Open Work Permits (OWPs) eligibility criteria on January 21, 2025.
- Spouses of international students are eligible only if the student is enrolled in specific programs:
- Master’s programs of 16 months or longer
- Doctoral programs
- Select professional programs
- Spouses of foreign workers qualify if the worker is employed in:
- TEER 0 or 1 occupations
- Select TEER 2 or 3 occupations in sectors with labor shortages or linked to government priorities.
- The foreign worker must have at least 16 months remaining on their work permit at the time of the spouse’s OWP application.
- Dependent children of foreign workers are no longer eligible for family OWPs.
- Existing OWPs remain valid, and in-Canada family members can renew their permits under the same criteria and duration as the principal applicant’s permit.
- These changes do not affect spouses of workers under free-trade agreements and those transitioning to permanent residence.
Overview
On January 21, 2025, Immigration, Refugees, and Citizenship Canada (IRCC) implemented significant changes to the eligibility criteria for family Open Work Permits (OWPs). These adjustments aim to strengthen the integrity of temporary resident programs while aligning with Canada’s economic goals and labor market needs.
Eligibility for Spouses of International Students:
- Spouses or common-law partners of international students are now eligible for an OWP only if the student is enrolled in one of the following:
- Master’s Programs: Programs with a duration of 16 months or longer.
- Doctoral Programs: Recognized doctoral degree programs.
- Select Professional Programs: Specific professional and eligible programs as determined by IRCC.
Eligibility for Spouses of Foreign Workers:
- Spouses or common-law partners of foreign workers can apply for an OWP if the principal applicant is employed in:
- Training, Education, Experience, and Responsibilities (TEER) 0 or 1 Occupations include senior management and professional roles.
- Select TEER 2 or 3 Occupations: Occupations in sectors experiencing labor shortages or aligned with government priorities, such as natural and applied sciences, construction, health care, natural resources, education, sports, and military sectors. A comprehensive list of eligible occupations will be available on January 21, 2025.
Additional Requirements:
- When their spouse applies for an OWP, the foreign worker must have at least 16 months remaining on their work permit.
- Dependent children of foreign workers are no longer eligible for family OWPs under the new regulations.
Existing Open Work Permits:
OWPs approved under previous criteria remain valid until their expiration. In-Canada family members can apply to renew their work permits, provided they meet the same criteria as their current permit and the renewal duration matches the principal applicant’s existing study or work permit.
Exemptions
The following groups are exempt from these changes:
- Spouses of Workers under Free-Trade Agreements: Individuals covered by the Canada-United States-Mexico Agreement (CUSMA).
- Individuals Transitioning to Permanent Residence: Those in the process of obtaining permanent resident status.
Family members no longer qualify for an OWP under the new criteria may explore other eligible work permit options available through Canada’s immigration programs.
Looking Ahead
For Employers and HR Professionals:
- Review and adjust your workforce planning strategies to accommodate the new OWP eligibility criteria.
- Assist affected employees in understanding the changes and exploring alternative pathways for their family members.
For International Students and Foreign Workers:
- Verify whether your current or prospective academic program or occupation qualifies under the updated OWP eligibility criteria.
- Ensure that your work or study permit has sufficient validity (at least 16 months) when your spouse applies for an OWP.
- Consider alternative immigration options for family members no longer eligible under the new rules.
These policy adjustments reflect Canada’s commitment to aligning its immigration programs with labor market demands and economic objectives. Staying informed and proactive will be essential for navigating the evolving landscape of family open work permits.
Source: Government of Canada
