Written By: Angrez Angurana, RCIC
On January 14, 2025, The Government of Canada has announced updates to the eligibility for Open Work Permits (SOWPs) for family members of international students and foreign workers. These changes, effective January 21, 2025, aim to strengthen the integrity of temporary resident programs while aligning with Canada’s economic and labor market priorities.
What’s Changing?
1. For International Students
Only spouses of students enrolled in specific programs will qualify for a family OWP. Eligible programs include:
- Master’s programs lasting 16 months or longer
- Doctoral programs
- Select professional and eligible programs, including:
- 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)
- Bachelor of Engineering (BEng, BE, BASc)
Click here to see more details for eligible programs
If a student does not meet these criteria, their spouse or common-law partner will no longer be eligible for an OWP.
2. For Foreign Workers such as on PGWP or Employer’s Specific (Closed) Work Permits
Spouses of foreign workers will be eligible for an OWP only if the worker is employed in:
- TEER 0 or 1 occupations, or
- Selected TEER 2 or 3 occupations in sectors experiencing labor shortages or aligned with government priorities.
These sectors include:
- Natural and applied sciences
- Construction
- Healthcare
- Natural resources
- Education
- Sports and military sectors
A full list of eligible occupations will be published on January 21, 2025.
In addition to the above, the foreign worker must have at least 16 months remaining on their work permit at the time the spouse applies for an OWP.
3. Dependent Children of Foreign Workers/International students
Dependent children of foreign workers & international students will no longer be eligible to apply for an OWP under these new rules.
Validity and Renewals
1. Existing Open Work Permits (OWPs)
- OWPs issued under previous rules will remain valid until their expiry date.
- There is no immediate impact on permits already granted, allowing current permit holders to continue working without disruption.
2. Renewals/Extension of Work Permit
Family members already in Canada on OWPs may renew their work permits if they meet the following conditions:
- Same Criteria: They must apply under the same criteria as their current permit.
- Matching Duration: The renewal duration must align with the principal applicant’s existing study or work permit.
Important Notes and Clarifications for spouses who are already in Canada on SOWPs
Although the announcement does not provide exhaustive details, the following interpretations apply based on the new eligibility rules:
- Transitioning to Post-Graduate Work Permit (PGWP):
If the principal applicant transitions from a study permit to a PGWP, the spouse’s eligibility for an OWP will depend on the new criteria. For example, the spouse will need to show that the PGWP holder is employed in:- TEER 0 or 1 occupations, or
- Selected TEER 2 or 3 occupations in priority sectors.
- Change in Work Permit Type for Principal Applicants:
- If the principal applicant moves from one type of work permit to another (e.g., from a PGWP or an open work permit to an LMIA-supported work permit), the spouse’s OWP eligibility must meet the updated criteria from January 21, 2025 onward.
- Similarly, transitioning from one LMIA-supported work permit to another will also require meeting the new eligibility rules for spousal OWPs.
- Impact on Existing Spousal OWPs:
- Spouses currently in Canada on OWPs will need to reassess their eligibility during renewal. If the principal applicant’s permit changes or their employment no longer qualifies under the new rules, the spouse may lose OWP eligibility when they apply for renewal of their work permits.
Who Is Not Affected?
Spouses of workers covered by free-trade agreements or those transitioning to permanent residence such as applications submitted under Express Entry, PNPs etc are exempt from these changes.
1. Spouses of Workers Covered by Free-Trade Agreements
Free-trade agreements (FTAs), such as the Canada-United States-Mexico Agreement (CUSMA) or similar international trade agreements, often include provisions for labor mobility. These allow eligible workers and their spouses to obtain work permits without needing to meet specific occupational or sector-based criteria.
- Example: A U.S. citizen working in Canada under CUSMA (formerly NAFTA) in a professional capacity can still have their spouse apply for an OWP without being subject to the new restrictions, even after January 21, 2025.
2. Spouses of Workers Transitioning to Permanent Residence
Spouses of individuals actively transitioning to permanent residence (PR) will not be impacted by these changes. This includes applicants under programs such as:
Express Entry
- Principal applicants in the Federal Skilled Worker Program, Canadian Experience Class, or Federal Skilled Trades Program submitting applications under the Express Entry system are considered in the process of transitioning to PR. Their spouses remain eligible for OWPs regardless of the principal applicant’s occupation or work permit type.
Provincial Nominee Programs (PNPs)
- Workers nominated by a province under a PNP are often in specialized or critical occupations required for regional economic growth. Their spouses’ eligibility for OWPs will continue, regardless of whether the worker’s job aligns with the TEER 0, 1, 2, or 3 classification.
Other PR Pathways
- Spousal Sponsorships: Spouses of applicants under Canada’s family sponsorship programs (e.g., spousal sponsorship) are exempt, ensuring family unity remains a priority.
- Other PR Pilot Programs: Workers in these targeted pathways transitioning to PR also retain OWP eligibility for their spouses.
What Should Applicants Do?
- For International Students and Their Families:
- Verify that your program qualifies for your spouse’s OWP.
- Ensure you meet the updated requirements if planning to apply after January 21, 2025.
- For Foreign Workers and Their Families:
- Confirm if your occupation qualifies under TEER 0, 1, or select TEER 2 and 3 categories.
- Check your work permit validity to meet the 16-month requirement.
- For Current Permit Holders:
- OWPs issued under earlier rules remain valid.
- Renewal applications must align with the updated criteria starting January 21, 2025.
When Do These Changes Take Effect?
The new rules will apply to all OWP applications submitted on or after January 21, 2025. So renewals and new applications for spousal OWPs will be closely tied to the principal applicant’s permit type and employment eligibility. Families should carefully plan work permit transitions and ensure they align with the updated regulations to avoid complications.
For the complete list of eligible occupations and additional details, visit the IRCC website starting January 21, 2025.
Stay informed and ensure compliance with these updated regulations.
Disclaimer:
This article is for informational purposes only and does not constitute legal or professional advice. Immigration policies and requirements may change; consult a licensed immigration consultant, lawyer, or the official IRCC website for the latest updates. The author is not responsible for actions taken based on this content.
Hi l have Applied my Close Work permit with LMIA on the 8th January 2025, l only received Email that they have received my application and are reviewing it..and Until now nothing l heard from Canada immigration. When can l accept to receive my approval Letter or how long it takes to get Response letter?