On January 14, 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced significant changes to the eligibility criteria for open work permits (OWPs) for family members of international students and foreign workers. These adjustments, effective January 21, 2025, aim to strengthen the integrity of Canada’s temporary resident programs while aligning with economic goals and labor market needs.
Key Changes to Open Work Permit Eligibility
For Spouses of International Students
Eligibility for OWPs will now be limited to spouses of international students enrolled in specific programs:
- Master’s Programs: Programs that are 16 months or longer.
- Doctoral Programs: All doctoral-level studies.
- Select Professional and Eligible Programs: Specific programs identified by IRCC as eligible.
This change narrows the previous eligibility, focusing on higher-level academic pursuits.
For Spouses of Foreign Workers
Spouses of foreign workers can apply for an OWP if the principal applicant is employed in:
- TEER 0 or 1 Occupations: These are typically managerial and professional roles.
- Select TEER 2 or 3 Occupations: Occupations in sectors experiencing labor shortages or aligned with government priorities, including natural and applied sciences, construction, healthcare, natural resources, education, sports, and military sectors. A comprehensive list will be available on January 21, 2025.
Additionally, the foreign worker must have at least 16 months remaining on their work permit at the time their spouse applies for the OWP.
For Dependent Children
Dependent children of foreign workers will no longer be eligible for OWPs under the new regulations.
Transitional Provisions
OWPs approved under previous criteria that have not yet expired will remain valid. Family members in Canada who need to renew their permits can do so if:
- They apply under the same criteria as their current permit.
- The renewal duration matches the existing study or work permit of the principal applicant.
Spouses of workers covered by free-trade agreements and those transitioning to permanent residence are not affected by these changes.
Alternative Options for Affected Family Members
Family members who no longer qualify for a family OWP under the new rules can explore other work permit options available through Canada’s various programs.
Context and Implications
These changes are part of broader measures announced in September 2024 to tighten rules on temporary workers and students, aiming to reduce the number of international students and foreign workers in Canada. The government plans to decrease study permits to 437,000 in 2025, down from 509,390 in 2023, and limit work permit eligibility for spouses of some students and temporary foreign workers.
The adjustments reflect the government’s efforts to balance economic needs with public concerns about housing shortages and the cost of living, as well as to address potential abuses in temporary foreign worker programs.
