Changes to Open Work Permits for Family Members of Temporary Residents in Canada Effective Date: January 21, 2025

1. Executive Summary

Canada is introducing significant changes to the eligibility criteria for Open Work Permits (OWPs) for family members of international students and foreign workers. These updates, announced in September 2024, address housing and affordability concerns by limiting OWPs to specific categories of students, workers, and their spouses/common-law partners. This policy shift is part of broader efforts by Immigration, Refugees and Citizenship Canada (IRCC) to manage temporary resident numbers while balancing labor market needs.

2. Background

In September 2024, the Canadian government revealed plans to tighten restrictions on issuing OWPs to family members of temporary residents. The decision was driven by concerns over the rising number of temporary residents and its impact on housing affordability.

Projections suggest that these restrictions could lead to 50,000 to 100,000 fewer OWPs being issued over the next three years for the spouses of international students and foreign workers. The government aims to “strengthen the integrity and quality of our temporary resident programs while supporting the country’s economic goals and labor market needs.”

3. Key Changes Effective January 21, 2025

3.1. International Students

Previous Policy: Spouses of international students enrolled in any program could generally apply for an OWP.

New Policy: Only the spouses or common-law partners of international students enrolled in specific programs will be eligible for OWPs. These include:

• Master’s programs lasting 16 months or longer.
• Doctoral programs.
• Select professional and eligible programs, such as:
• Doctor of Dental Surgery (DDS/DMD)
• Bachelor of Law or Juris Doctor (LLB, JD, BCL)Doctor of Medicine (MD)
• Doctor of Optometry (OD)
• Pharmacy (PharmD, BS, BSc, BPharm)
• Doctor of Veterinary Medicine (DVM)
• Bachelor of Science in Nursing (BScN, BSN)
• Bachelor of Nursing Science (BNSc)
• Bachelor of Nursing (BN)
• Bachelor of Education (BEd)
• Bachelor of Engineering (BEng, BE, BASc)

Key Note: Spouses of international students in shorter master’s programs will no longer qualify for OWPs, as the program length requirement is new.

3.2. Foreign Workers

Previous Policy: Spouses of many foreign workers could apply for an OWP.

New Policy: Spouses or common-law partners of foreign workers will only qualify for an OWP if the worker is employed in:

• TEER 0 or TEER 1 occupations.
• Select TEER 2 or 3 occupations in certain sectors, including:
• Natural and applied sciences
• Construction
• Healthcare
• Natural resources
• Education
• Sports
• Military sectors

Additional Requirement: The foreign worker must have at least 16 months remaining on their work permit when their spouse applies for the OWP.

Dependent Children: Under the new rules, dependent children of foreign workers will no longer be eligible for OWPs.

Note: A full list of eligible TEER 2 and 3 occupations will be released on January 21, 2025.

4. Open Work Permit Renewals

• Existing Permits: OWP holders who received their permits under the previous rules will not be impacted. Their permits will remain valid until the expiry date.
• Renewals: Family members can renew their OWPs in Canada if:
• They apply under the same eligibility criteria as their current permit.
• The renewal matches the duration of the principal applicant’s study or work permit.

5. Exemptions

Certain groups are not affected by these changes, including:

• Spouses of workers covered by Free Trade Agreements (FTAs).
• Spouses or common-law partners with a pending permanent residence (PR) application who hold temporary status in Canada. These individuals may still qualify for a Spousal Open Work Permit (SOWP).

6. Implications of the Changes

• Fewer Eligible Spouses: The changes significantly narrow the pool of family members eligible for OWPs, particularly those tied to shorter master’s programs or workers in non-eligible TEER categories.
• Limited Work Flexibility: Individuals no longer eligible for OWPs may need to pursue employer-specific work permits, which limit employment options.
• Impact on Demand: OWPs have been highly sought after because they allow holders to work for any employer in most industries across Canada, making them more desirable than closed work permits.

7. Rationale for the Changes

The Canadian government is implementing these restrictions to address the growing number of temporary residents and their impact on housing affordability. By limiting family OWPs, the government aims to focus temporary work programs on individuals who fill critical labor shortages, ensuring that temporary residents align with the country’s economic priorities.

8. Recommendations for Affected Individuals

• Explore Alternative Work Permits: Individuals no longer eligible for OWPs should research other work permit pathways under Canada’s existing programs.
• Stay Informed: As the government may revise these guidelines over time, it is crucial to stay current with policy changes.
• Seek Professional Advice: Consulting with immigration experts can help navigate alternative options and maximize opportunities for work and settlement in Canada.

9. Conclusion

The new OWP restrictions mark a major shift in Canada’s immigration policies, especially for family members of international students and foreign workers. These changes will likely create challenges for those who previously relied on family OWPs as a pathway to employment in Canada. It’s essential for affected individuals to fully understand the new criteria, stay informed about policy updates, and explore other available options for legal employment.

The government aims to better manage temporary resident programs while addressing the country’s housing and labor market challenges. These changes highlight the need for strategic planning for anyone considering immigration to Canada.

Questions about these changes and how they might affect you? Please feel free to get in touch for a personalized consultation with me.

Frequently Asked Questions on Changes to Family Open Work Permits in Canada

What are the key changes to family Open Work Permit (OWP) eligibility in Canada, effective January 21, 2025?

Effective January 21, 2025, Canada has implemented stricter eligibility rules for family OWPs. Spouses or common-law partners of international students are now only eligible for an OWP if the student is enrolled in a master's program that is 16 months or longer, a doctoral program, or select professional programs (such as Doctor of Dental Surgery, Bachelor of Law, Doctor of Medicine, etc.). For foreign workers, OWPs are limited to spouses/partners of those in TEER 0 or 1 occupations, or specific TEER 2 or 3 occupations in sectors with labor shortages and government priorities. The foreign worker must also have at least 16 months of validity remaining on their work permit at the time of the spouse’s application. Dependent children of foreign workers are no longer eligible for family OWPs.

Which specific educational programs qualify international students' spouses for an OWP under the new rules?

Besides Master’s programs of at least 16 months duration and Doctoral programs, spouses of international students are eligible for an OWP if their partner is enrolled in specific professional programs. These programs include Doctor of Dental Surgery (DDS, DMD), Bachelor of Law or Juris Doctor (LLB, JD, BCL), Doctor of Medicine (MD), Doctor of Optometry (OD), Pharmacy (PharmD, BS, BSc, BPharm), Doctor of Veterinary Medicine (DVM), Bachelor of Science in Nursing (BScN, BSN), Bachelor of Nursing Science (BNSc), Bachelor of Nursing (BN), Bachelor of Education (BEd), and Bachelor of Engineering (BEng, BE, BASc).

What TEER categories qualify a foreign worker's spouse for an OWP, and what sectors are included in TEER 2 and 3 eligibility?

Spouses of foreign workers in TEER 0 or 1 occupations are eligible for an OWP. For TEER 2 or 3 occupations, eligibility is restricted to specific sectors that face labor shortages or are linked to government priorities. These sectors include natural and applied sciences, construction, healthcare, natural resources, education, sports, and the military. IRCC published a full list of eligible TEER 2 and 3 occupations on January 21, 2025.

If my OWP was approved under previous rules, is it still valid? What about renewals?

Yes, if your OWP was approved under previous rules and has not expired, it remains valid. When it comes to renewals, in-Canada family members, such as spouses and dependent children, can apply for renewal as long as they are applying under the same criteria as their current permit, and the requested duration matches the existing study or work permit of the principal applicant. This is especially important if a family member received a shorter OWP than the principal applicant.

Who is exempt from these new restrictions on family Open Work Permits?

The new restrictions do not apply to spouses or common-law partners of foreign workers covered by free trade agreements (FTAs). Additionally, spouses or partners who are being sponsored for permanent residence through spousal sponsorship and already have temporary resident status in Canada can continue to apply for a Spousal Open Work Permit (SOWP).

Why has the Canadian government implemented these changes to family Open Work Permit eligibility?

These changes are part of a broader suite of measures aimed at strengthening the integrity and quality of Canada's temporary resident programs and addressing the country’s economic goals and labour market needs. The specific goal behind these changes is to reduce the number of temporary residents in the country, including those on study and work permits, to help alleviate housing supply and affordability challenges. It is predicted that this change in eligibility will result in 50,000-100,000 fewer permits issued over the next 3 years.

What is the difference between an Open Work Permit and a Closed Work Permit, and why are OWPs sought after?

An Open Work Permit allows the holder to work for any employer in Canada, in most industries. The permit’s validity is generally predetermined and not tied to a specific employer. A "closed" work permit, often referred to as an employer-specific permit or Labour Market Impact Assessment (LMIA) based permit, requires the worker to work for a specific employer. OWPs are more highly sought after by newcomers because of their flexibility.

What options are available for family members who no longer qualify for a family OWP under the new rules?

Family members who no longer qualify for a family OWP can still apply for any other type of work permit that they are eligible for under Canada’s work permit programs. These may include closed work permits if they find an employer willing to sponsor their work authorization.