Canada to Tighten Rules on Family Open Work Permits Starting January 2025

Rules on Family Open Work Permits: As part of a significant overhaul of Canada’s immigration policies, Immigration, Refugees and Citizenship Canada (IRCC) is set to implement new restrictions on family open work permits (OWPs) starting January 21, 2025. This move follows an earlier announcement made in September 2024 aimed at addressing housing supply and affordability issues in the country.

New Eligibility Criteria for Family Open Work Permits

Effective January 21, 2025, the eligibility for family open work permits will be considerably narrowed. The changes stipulate that only the spouses or common-law partners of certain international students and foreign workers will qualify for these permits. Specifically, the new criteria include:

• For International Students: Only spouses or common-law partners of students enrolled in:
  • Master’s programs that are 16 months or longer.
  • Doctoral programs.
  • Select professional and eligible programs.
• For Foreign Workers: Family OWPs will be restricted to spouses or common-law partners of those employed in:
  • TEER (Training, Education, Experience and Responsibilities) categories 0 and 1.
  • Select TEER 2 and 3 occupations in sectors identified as having labour shortages or linked to government priorities, such as:
    • Natural and applied sciences
    • Construction
    • Healthcare
    • Natural resources
    • Education
    • Sports
    • Military sectors

A comprehensive list of eligible TEER 2 and 3 occupations is expected to be published by IRCC on January 21, 2025.

Impact on Dependent Children

In a notable shift, dependent children of foreign workers will no longer be eligible for family open work permits under the new regulations. This change is part of a broader strategy to reduce the number of temporary residents in Canada, with estimates suggesting a reduction of 50,000 to 100,000 permits issued over the next three years as a result of these measures.

Existing Permits and Renewals

Current family open work permits that were issued under previous policies will remain valid until their expiration. Furthermore, suppose a family member holds a shorter work permit than the principal applicant. In that case, they may apply for renewal as long as their application duration aligns with that of the principal applicant’s study or work permit.

Exceptions to the New Rules

Certain groups will remain unaffected by these changes. Spouses and common-law partners of foreign workers covered by free trade agreements (FTAs) will still qualify for OWPs. Additionally, those who are being sponsored for permanent residence may continue to apply for Spousal Open Work Permits (SOWPs) if they have legal temporary status in Canada.

This decision is part of a wider suite of measures introduced by Minister of Immigration Marc Miller aimed at refining Canada’s immigration system. The changes reflect ongoing concerns regarding housing availability and affordability in Canada, which has exacerbated high levels of temporary residency. 

The government aims to balance immigration with economic needs while ensuring that the integrity of its temporary resident programs is upheld.

As these changes approach implementation, stakeholders, including potential applicants and immigration consultants, are urged to stay informed about the evolving landscape of work permit eligibility in Canada.