IRCC implements restrictions on Family Open Work Permits for family members of international students and foreign workers.
Effective January 21, 2025, family open work permits for international students will be restricted to the spouses or common-law partners of students currently rolled in:
- Master’s programs that are 16 months or longer in duration
- Doctoral programs
- And lastly, select professionals and eligible programs
Moreover, before this change, a master’s program did not have to be 16 months or longer in duration in order for the student’s spouse to be eligible for a SOWP.
In addition to this, family OWPs for foreign workers will be limited to spouses or common-law partners of those working in
- Training Education Experience and Responsibilities 0 professions
- TEER 1 Professions
- Select TEER 2 or 3 Professions in:
- Natural and Applied Sciences
- Construction
- Healthcare
- Natural Resources
- Education
- Sports
- Military Sectors
Note: A full list of eligible TEER 2 and 3 professions will also be published by IRCC on January 21, 2025.
For spouses of foreign workers to be eligible under these rules, the foreign workers should have a minimum of 16 months remaining validity on their work permit when their spouse applies.
In addition, dependent children of foreign workers will no longer be eligible for family OWPs.
Ability To Renew
Open Work Permits for family members that were issued under previous measures. Moreover, the ones which have not yet expired will continue to remain valid.
In situations where a spouse might be given a shorter work permit than the sponsoring study or work permit holder, in-Canada family members can apply to renew their work permit as long as the requested duration of renewal matches the duration of the existing study or work permit of the sponsoring permit holder.
Which Educational Programs Outside Of The Master’s/ Doctoral Levels Can Students Enroll In And Still Get A Family OWP?
IRCC implements restrictions on Family Open Work Permits. Outside of studies of master’s or doctoral level, students in the following programs can continue to obtain a family OWP for their spouse or common-law partner:
- 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)
- And lastly, Bachelor of Engineering (BEng, BE, BASc)
Who Is Not Impacted By These Changes?
These changes do not impact spouses and common-law partners of workers covered by free trade agreements. Also, spouses or common-law partners who are being sponsored by their Canadian loved one for permanent residence might continue to apply for a Spousal Open Work Permit if they already have legal temporary status in Canada.
Part Of A Wider Suite Of Measures
IRCC first declared its intention to limit OWPs available to spouses and common-law partners of international students and foreign workers in September of 2024.
Moreover, at a press conference held at the time, Minister of Immigration Marc Miller declared his intention to limit family OWPs for students and foreign workers in the country. This change was declared alongside other sweeping reforms to Canada’s immigration system, aimed specifically at reducing the number of temporary residents in the country to better deal with housing supply as well as affordability concerns.
Also, at the time of the declaration, Miller stated that he predicted that changes to the eligibility criteria of the family OWPs for international students and foreign workers would result in a reduction of 50,000 and 10,000 fewer permits issued over the next three years, respectively.
The Advantages Of An OWP
IRCC implements restrictions on Family Open Work Permits. Moreover, Canadian OWPs allow holders to work anywhere in Canada and for most employers in most industries.
In addition, an OWP’s validity duration is generally pre-determined and not tied to specific employment, unlike employer-specific or Labor Market Impact Assessment, i.e., LMIA-based work permits, which might more broadly be referred to as ‘closed’ work permits.
As a result, for these reasons, OWPs tend to be more highly sought after by newcomers.
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