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 temporary residents. These changes, effective January 21, 2025, aim to align Canada’s immigration policies with its economic objectives and labor market needs.
Key Changes to Open Work Permit Eligibility
The revised policy narrows the eligibility for family OWPs to spouses of certain international students and foreign workers.
International Students: Spouses of international students can apply for an OWP if the student is enrolled in:
- Master’s programs lasting 16 months or longer
- Doctoral programs
- Select professional and eligible programs
Foreign Workers: Spouses of foreign workers are eligible for an OWP if the principal applicant is employed in:
- TEER 0 or 1 occupations
- Select TEER 2 or 3 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.
Additionally, the foreign worker must have at least 16 months remaining on their work permit at the time their spouse applies for the OWP.
Impact on Dependent Children
Under the new regulations, dependent children of foreign workers are no longer eligible for OWPs. This marks a departure from previous policies that allowed broader access to work opportunities for family members of temporary residents.
Transitional Provisions
OWPs approved under the previous criteria that remain valid will not be affected by these changes. In cases where students require additional time to complete their programs or where family members received a shorter work permit than the principal applicant, in-Canada family members can apply to renew their work permits, provided:
- They apply under the same criteria as their current work permit.
- The requested renewal duration matches that of 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 exempt from these changes. Family members who no longer qualify for a family OWP can explore other work permit options available under Canada’s work permit programs.
Rationale Behind the Changes
These adjustments are part of broader measures announced in September 2024, reflecting the Canadian government’s commitment to strengthening the integrity and quality of temporary resident programs while supporting economic goals and labor market needs. By refining OWP eligibility, the government aims to ensure that the program aligns more closely with sectors experiencing labor shortages and strategic priorities.
Implications for Temporary Residents and Their Families
The new policy significantly impacts temporary residents and their families, particularly those who previously qualified for OWPs under more lenient criteria. Families planning to come to Canada or currently residing in the country should carefully assess how these changes affect their circumstances. It’s advisable to consult with immigration professionals or refer to official IRCC resources to understand the full implications and explore alternative pathways if necessary.
Conclusion
The changes to OWP eligibility for family members of temporary residents represent a substantial shift in Canada’s immigration policy. While aiming to address economic and labor market needs, these adjustments also underscore the importance of staying informed about evolving immigration regulations. Affected individuals should proactively seek guidance to navigate the new landscape effectively.