New Rules for Open Work Permits: What Family Members of Temporary Residents in Canada Must Know

Effective January 21, 2025, the Canadian government is implementing significant changes to the eligibility criteria for open work permits in Canada (OWPs) for family members of international students and foreign workers. These Canada open work permit updates aim to strengthen the integrity of the country’s temporary resident programs while aligning with the nation’s economic objectives and labour market needs.

Key Changes to Canada Open Work Permit Eligibility

I. Spouses of Foreign Workers

Spouse Open Work Permit (SOWP) eligibility will be limited to spouses of foreign workers employed in:

1. TEER 0 or 1 occupations
2. Select TEER 2 or 3 occupations in sectors experiencing labour shortages or aligned with government priorities, including natural and applied sciences, construction, healthcare, natural resources, education, sports, and military sectors. A comprehensive list of eligible occupations will be available on January 21, 2025.

What the Canada SOWP Program Changes mean:

Beginning January 21, 2025, spouses of workers in TEER 2 or 3 occupations will only be eligible for a spousal open work permit (SOWP) if their partner, the principal applicant for a temporary work permit in Canada, is employed in a job related to a labour shortage. Spouses of workers in these TEER classifications but whose sectors are not linked to labour shortages will unfortunately no longer be eligible for a SOWP.

Spouses of workers in TEER 0 and TEER 1 occupations will still be eligible for open work permits. However, spouses of workers in TEER 4 and 5 occupations will not qualify for a spousal open work permit.

II. Spouses of International Students

Eligibility for Open Work Permits will be restricted to spouses of international students enrolled in:

• Master’s programs lasting 16 months or longer
• Doctoral programs
• Select professional and eligible programs at a university

Implications of SOWP Changes for International Students:

Last March and April 2024, Canada enacted major changes for spouses of international students. Spouses of international students were previously eligible for a SOWP if their partner was enrolled in a master’s program. Canada is now requiring those master’s programs to be at least 16 months long.

Meanwhile, the spouses of students enrolled in doctoral programs remain eligible for a SOWP, regardless of length.

Finally, below is a list of the select professional and eligible programs:

• 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)

III. Open Work Permit Validity Requirement

The principal foreign worker must have at least 16 months remaining on their work permit at the time their spouse applies for an OWP. Previously, spouses were eligible to apply for a SOWP if their spouse’s work permit was valid for at least six months. This includes all TEER classifications, including TEER 0 and 1.

IV. Dependent Children

Dependent children of foreign workers will no longer be eligible for Open Work Permits under the new regulations.

Implications for Current and Prospective Applicants

• Existing OWPs: OWPs approved under previous criteria that have not expired will remain valid.
• Renewals: In cases where students require additional time to complete their programs or where family members received shorter work permits than the principal applicant, in-Canada family members (including spouses and dependent children) can apply to renew their work permits, provided they meet the following conditions:
  • They apply under the same criteria as their current work permit.
  • The requested renewal duration matches that of the existing study or work permit of the principal applicant.
• Exemptions: Spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be affected by these changes.
• Alternative Options: Family members who no longer qualify for a family OWP under the new criteria may explore other work permit options available under Canada’s work permit programs.

Context and Rationale Behind the Canada Open Work Permit Changes

These adjustments are part of broader measures announced in September 2024, aimed at refining Canada’s approach to temporary residents. The government has expressed concerns over societal issues such as housing affordability and the cost of living, which have been linked to the increasing number of temporary residents. By limiting OWP eligibility, the government seeks to balance the benefits of temporary immigration with the need to address these domestic challenges.

Let Nihang Law Help You

The changes to OWP eligibility for family members of temporary residents reflect Canada’s commitment to maintaining a balanced and sustainable immigration system. It is crucial for affected individuals to stay informed about these changes and assess their options accordingly.

Navigating changes to immigration policies, such as the changes in the OWP, can be complex. At Nihang Law, we are committed to helping temporary residents in their immigration journeys. Whether you need guidance on applying for an open work permit or advice on immigration options, our experienced lawyers are here to support you.

Contact Nihang Law today at (416) 321-0353 or email info@nihanglaw.ca to book an appointment.