The Canadian government is introducing stricter rules on work permits for the family members of international students and foreign workers, following the announcement made in September 2024.
Starting January 21, 2025, family open work permits (OWPs) for international students will be limited to the spouses or common-law partners of students enrolled in:
- Master’s programs lasting at least 16 months;
- Doctoral programs;
- Certain professional and eligible programs (outlined below).
Previously, a Master’s program did not need to be 16 months or longer for a student’s spouse to qualify for a Spousal Open Work Permit (SOWP).
Furthermore, family OWPs for foreign workers will now only be granted to spouses or common-law partners of individuals working in:
- TEER 0 occupations;
- TEER 1 occupations;
- Certain TEER 2 and 3 occupations within the following sectors:
- Natural and applied sciences;
- Construction;
- Healthcare;
- Natural resources;
- Education;
- Sports;
- Military.
A full list of eligible TEER 2 and 3 occupations will be released by IRCC on January 21, 2025. For a spouse to qualify under these rules, the foreign worker must have at least 16 months of validity left on their work permit when the spouse applies.
Additionally, dependent children of foreign workers will no longer be eligible for family OWPs.
Renewal of Work Permits
Any OWPs issued under previous policies and not yet expired will remain valid. In cases where a spouse receives a shorter work permit than the sponsoring student or worker (under past family OWP guidelines), family members in Canada (including spouses and dependent children) can apply to renew their permits, provided the renewal duration matches the length of the sponsoring individual’s permit.
Educational Programs Eligible for Family OWPs
Students in the following programs, outside of Master’s and Doctoral degrees, can still be eligible for a family OWP for their spouse or common-law partner:
- Doctor of Dental Surgery (DDS, DMD);
- Bachelor of Laws 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).
Who Is Not Affected by These Changes?
These new restrictions do not apply to spouses or common-law partners of workers covered under free trade agreements (FTAs). Additionally, spouses or common-law partners who are being sponsored by their Canadian partner for permanent residence (PR) and already hold legal temporary status in Canada may still apply for a Spousal Open Work Permit (SOWP).
Part of Broader Immigration Reforms
This change is part of a larger suite of reforms announced by Immigration, Refugees, and Citizenship Canada (IRCC) in September 2024. During the announcement, Minister of Immigration Marc Miller emphasized that the restriction on family OWPs is part of an effort to manage housing shortages and affordability issues. The government estimates that these changes will result in a reduction of 50,000 fewer permits for international students and 100,000 fewer for foreign workers over the next three years.
Advantages of an Open Work Permit
Open Work Permits (OWPs) provide significant flexibility, allowing holders to work for any employer in Canada and in most industries. Unlike employer-specific or Labour Market Impact Assessment (LMIA)-based work permits (called “closed” permits), OWPs remain valid for a set period and do not tie holders to a specific job, making them a preferred choice for newcomers to Canada.
