Canada Tightens Rules for Family Work Permits of International Students and Foreign Workers

Canada has recently introduced stricter regulations regarding family open work permits (OWPs) for the dependents of international students and foreign workers. Announced initially in September 2024, these changes are now in effect as of January 21, 2025. The revised rules aim to address the growing concerns surrounding the country’s temporary resident population while aligning with broader immigration reform measures.

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Overview of the New Policy

The updated policy imposes significant restrictions on who qualifies for family OWPs, particularly targeting spouses and common-law partners of international students and foreign workers. Under these rules:

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For International Students: Family OWPs are now limited to spouses or common-law partners of students enrolled in:

1. Master’s Programs: Must be at least 16 months in duration.
2. Doctoral Programs: Advanced academic pursuits at the doctoral level.
3. Eligible Professional Programs: Certain high-demand and professional programs, as listed in the revised guidelines.

Previously, spouses of students in any master’s program, regardless of its duration, were eligible for OWPs. This adjustment narrows the scope significantly.

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For Foreign Workers: Family OWPs for spouses or partners are now restricted to foreign workers in the following job categories:

1. TEER 0 Occupations: Senior management positions requiring high expertise.
2. TEER 1 Occupations: Professional roles requiring a university degree.
3. Selected TEER 2 and TEER 3 Roles: Occupations in specific sectors such as healthcare, construction, education, natural resources, sports, and the military.

A comprehensive list of eligible TEER 2 and 3 occupations will be published by Immigration, Refugees, and Citizenship Canada (IRCC) soon.

Additionally, the foreign worker must have a work permit valid for at least 16 months at the time of their spouse’s OWP application. Notably, dependent children of foreign workers are no longer eligible for OWPs under these changes.

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Provisions for Existing Permit Holders

OWPs issued before the new policy’s implementation remain valid until their expiry. In cases where a dependent received a shorter-duration permit than the sponsoring individual’s study or work permit, they may apply for a renewal, provided the extension aligns with the duration of the primary permit holder’s authorization.

Eligible Educational Programs for Family OWPs

Outside of master's and doctoral programs, spouses or partners of students in specific professional fields may still qualify for OWPs. Eligible programs include:

• Doctor of Dental Surgery (DDS, DMD)
• Doctor of Medicine (MD)
• Doctor of Veterinary Medicine (DVM)
• Doctor of Optometry (OD)
• Pharmacy Degrees (PharmD, BS, BSc, BPharm)
• Bachelor of Science in Nursing (BScN, BSN)
• Bachelor of Engineering (BEng, BE, BASc)
• Bachelor of Education (BEd)

This list highlights Canada’s prioritization of essential and skilled professions in its revised immigration policies.

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Exemptions to the New Rules

Certain groups remain unaffected by these changes, such as:

• Spouses or partners of workers covered by Free Trade Agreements (FTAs).
• Individuals sponsored by their Canadian partners for permanent residency, provided they maintain temporary resident status in Canada.

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Policy Objectives and Broader Implications

These reforms are part of Canada’s strategic measures to reduce the influx of temporary residents while tackling housing supply and affordability issues. By limiting OWPs, the government projects a reduction of 50,000–100,000 permits issued over the next three years.

Furthermore, the changes extend to the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), with targets outlined in the Immigration Levels Plan for 2025–2027:

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Stricter Criteria for PGWP Eligibility

To complement these reforms, IRCC has introduced stricter eligibility criteria for Post-Graduation Work Permits (PGWPs). Applicants submitting study permit applications after November 1, 2024, must meet specific language proficiency and field-of-study requirements.

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These new requirements emphasize aligning Canada’s immigration programs with labor market needs.

Advantages of Open Work Permits

Despite the tightened regulations, OWPs remain a valuable option for temporary residents. Unlike employer-specific permits, OWPs allow holders to work for any employer across industries and regions. This flexibility and the predetermined validity period make OWPs desirable for newcomers seeking work opportunities in Canada.

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