Canada has announced significant updates to the Open Work Permit eligibility for family members of international students and foreign workers.
These changes, effective January 21, 2025, aim to align temporary resident programs with Canada’s economic priorities while addressing labour market needs.
On This Page You Will Find
- A detailed overview of the recent changes to Canada’s Open Work Permit (OWP) eligibility.
- Background on Canada’s evolving temporary immigration policies.
- Key changes affecting spouses and children of international students and foreign workers.
- The impact of these updates on existing OWPs.
- Steps to prepare for the new rules effective January 21, 2025.
- Exceptions and alternative options for family members no longer eligible for OWPs.
Background
The new rules follow significant developments in Canada’s temporary immigration policies over the past year. In September 2024, the government announced measures to reduce the number of international students and temporary residents in Canada.
- Reduction in Study Permits: Canada plans to reduce study permit approvals by 10%, issuing 437,000 in 2025, compared to 485,000 in 2024. This change reflects a broader focus on maintaining program integrity and sustainability.
- Changes to the Post-Graduation Work Permit (PGWP): Beginning November 1, 2024, PGWP applicants must meet new language proficiency requirements:
- CLB Level 7 for university graduates.
- CLB Level 5 for college graduates.
- Rationale for Change: As Immigration Minister Marc Miller stated, these measures aim to manage Canada’s immigration system more effectively while setting newcomers up for success in a changing economic landscape.
The adjustments to family Open Work Permits build on these policies by refining eligibility criteria to support Canadian workers, prioritize labour shortages, and streamline temporary residence programs.
Key Changes to Family Open Work Permits
- Eligibility for Spouses of International Students Spouses of international students will now only qualify for a family Open Work Permit if the principal applicant is enrolled in one of the following programs:
- Master’s programs lasting 16 months or longer.
- Doctoral programs.
- Select professional and eligible programs (details on specific programs will be released on January 21, 2025).
- Eligibility for Spouses of Foreign Workers Spouses of foreign workers must meet the following criteria:
- The principal applicant must be employed in:
- TEER 0 or 1 occupations, or
- Select TEER 2 or 3 occupations in sectors experiencing labour shortages or linked to government priorities, such as:
- Natural and applied sciences
- Construction
- Health care
- Natural resources
- Education
- Sports
- Military
- The foreign worker must have at least 16 months remaining on their work permit at the time the spouse applies for an Open Work Permit.
- The principal applicant must be employed in:
- Changes for Dependent Children Dependent children of foreign workers are no longer eligible for family Open Work Permits under the new regulations.
Impact on Existing Work Permits
Open Work Permits approved before January 21, 2025, will remain valid until their expiration date. Families already in Canada can apply for renewals under certain conditions:
- They must meet the same eligibility criteria as their current work permit.
- The requested renewal period must align with the validity of the principal applicant’s study or work permit.
Exceptions and Alternative Options
The following groups are unaffected by these changes:
- Spouses of workers covered by free-trade agreements.
- Spouses of workers transitioning to permanent residence.
Family members who no longer qualify for a family Open Work Permit may explore other work permit options under Canada’s work permit programs, such as employer-specific work permits.
Planning Ahead for January 21, 2025
To prepare for the changes:
- Verify the Eligibility of the Principal Applicant:
- Ensure their program of study or occupation meets the updated criteria.
- Check Work Permit Validity:
- Confirm the principal applicant has at least 16 months remaining on their work permit.
- Review Occupation Lists:
- The full list of eligible TEER 2 and TEER 3 occupations will be available on January 21, 2025. Monitor updates on official channels.
Policy Context and Future Outlook
Canada’s evolving immigration policies reflect the government’s focus on balancing economic needs with sustainable immigration levels:
- Labour Market Priorities: The Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP) will prioritize roles that cannot be filled by Canadians.
- Temporary Resident Population Target: The government aims to reduce temporary residents from 6.5% to 5% of Canada’s population as part of the upcoming 2025–2027 Immigration Levels Plan.
These changes reflect Canada’s focus on aligning immigration policies with economic and labour market needs. While the new rules limit family Open Work Permit eligibility, they also emphasize the importance of long-term planning for families aiming to work and study in Canada.
FAQ: Open Work Permit Changes
1. What are the new eligibility criteria for family Open Work Permits?
Family Open Work Permits are now limited to spouses of:
- International students enrolled in master’s (16+ months), doctoral, or select professional programs.
- Foreign workers in TEER 0 or 1 jobs or certain TEER 2 or 3 jobs in high-demand sectors like healthcare, construction, and education.
Dependent children are no longer eligible under these new rules.
2. Do these changes affect existing Open Work Permits?
No, existing OWPs approved before January 21, 2025, remain valid until their expiration. Families can also apply to renew them if they meet the same criteria as their current permit and align the renewal with the principal applicant’s study or work permit.
3. Are there any exceptions to the new rules?
Yes, spouses of workers covered by free-trade agreements or transitioning to permanent residence are unaffected. Additionally, family members no longer eligible for an OWP can explore other options, such as employer-specific work permits.
4. What happens to dependent children under the new rules?
Dependent children of foreign workers are no longer eligible for family Open Work Permits. However, they may still qualify for other types of permits based on their situation, such as student visas or employer-specific work permits.
5. How can families prepare for these changes?
Families should:
- Verify that the principal applicant’s program or occupation meets the new criteria.
- Ensure the principal applicant’s work permit has at least 16 months of validity.
- Check the updated list of eligible TEER 2 and 3 occupations, which will be released on January 21, 2025.
