Changes to Open Work Permits for Family Members of Temporary Residents Now in Effect
On January 21, 2025, the Government of Canada implemented new rules for open work permits (OWPs) for family members of international students and foreign workers, which could impact foreign nationals whose spouse is looking to work in Canada. The updated criteria limit family OWP eligibility to specific categories of spouses, with dependent children of foreign workers no longer qualifying.
Here’s a breakdown of the new rules:
For International Students
Spouses of international students are eligible for a family OWP only if the student is enrolled in:
- A master’s program lasting 16 months or longer
- A doctoral program
- Select professional or eligible programs
For Foreign Workers
Previously, the spouse of a foreign worker in TEER 0, 1, 2, or 3 occupations was eligible for SOWP. However, with the new measure, spouses are eligible for a family OWP if the foreign worker is employed in:
- TEER 0 or 1 occupations (typically high-skilled roles), or
- TEER 2 or 3 occupations in priority sectors such as health care, education, construction, natural resources, and other industries facing labour shortages.
Additionally, the foreign worker must also have at least 16 months remaining on their work permit at the time the spouse applies.
Existing Permits and Renewals
OWPs issued under the previous rules remain valid until their expiry date. For families already in Canada, renewals are still possible for spouses and dependent children if they meet the same criteria as their current permit and the requested duration aligns with the principal applicant’s study or work permit.
Exceptions and Other Options
Some categories remain unaffected by these changes. For instance:
- Spouses of workers covered under free-trade agreements
- Spouses of workers transitioning to permanent residence
For family members no longer eligible under the updated rules, alternative work permit options are available under Canada’s broader work permit programs.
These updates focus on aligning family work permit eligibility with Canada’s economic priorities while addressing labour shortages in critical sectors. Families considering applying for an OWP should review the updated eligibility criteria and ensure their applications meet the current requirements.
If you are uncertain about your eligibility or need assistance with your application, consult a licensed immigration consultant or lawyer for guidance.