Starting January 21, 2025, open work permits for family members of international students and foreign workers have been limited. Here’s what you need to know.
Key Takeaways
- The Canadian government intends to decrease the number of temporary residents in Canada between 2025 and 2027, leading to restrictions on family open work permits.
- Family open work permits for international students enrolled in master’s programs have been further limited.
- Family open work permits are now restricted to spouses of foreign workers in TEER 0 or 1 occupations, or specific TEER 2 or 3 occupations facing labor shortages.
- Dependent children of foreign workers are no longer eligible for open work permits.
Changes to Open Work Permits for Family Members of Foreign Workers
Changes for Spouses of Temporary Foreign Workers
Before January 21, 2025, spouses of foreign workers could apply for a Spousal Open Work Permit (SOWP) if the principal worker (the one who applied to come to Canada for work) held a valid work permit for at least 6 months in a TEER 0, 1, 2, or 3 occupation. Additionally, spouses of workers in TEER 4 and 5 occupations, excluding those under specific LMIA streams, were eligible for a SOWP starting January 30, 2023.
Temporary Foreign Worker Occupation Eligibility Changes
Starting January 21, 2025, spousal open work permits for temporary foreign workers are subject to the following changes:
- Spouses of foreign workers in TEER 0 and TEER 1 occupations will continue to be eligible for open work permits.
- Spouses of foreign workers in TEER 4 and 5 occupations will no longer be eligible for a spousal open work permit.
- Spouses of foreign workers in TEER 2 or 3 occupations will only qualify for an SOWP if the principal applicant is employed in a specific occupation linked to a labor shortage.
Changes to Work Permit Duration
Under the previous rules, spouses of temporary workers in eligible occupations could apply for a Spousal Open Work Permit (SOWP) if the principal applicant’s work permit was valid for at least 6 months. Starting January 21, 2025, this duration requirement will increase to 16 months for all workers, including those in TEER 0 and 1 occupations.
Changes for Dependent Children of Temporary Foreign Workers
Starting January 21, 2025, dependent children of temporary foreign workers will no longer be eligible for open work permits.
However, these changes will not impact the availability of study permits for dependent children.
Changes for Family Members Currently in Canada Who Need to Extend
It’s important to note that these changes will not affect individuals already living and working in Canada on a spousal open work permit. Your current permit will remain valid and will not be canceled.
If you had an open work permit approved under the previous guidelines and need to extend it, you can do so, provided you are in Canada and applying under the same criteria as your existing work permit.
These changes apply to both spouses and dependent children. If you are a family member of a temporary worker and currently hold a family open work permit, you will continue to be eligible for an open work permit for the duration of your partner’s work or study permit.
However, if your partner applies for a different temporary permit, you will need to meet the new criteria to qualify for your permit.
Further Changes to Open Work Permits for Family Members of International Students
Canada’s government introduced several changes for spouses of international students in March and April of 2024. A summary of these changes can be found on this page.
Starting January 21, 2025, additional restrictions will apply, particularly affecting those planning to pursue a master’s program in Canada. Under the new rules, the master’s program must be at least 16 months long for the student’s spouse to qualify for an open work permit.
However, spouses of students enrolled in the following programs will continue to be eligible for a Spousal Open Work Permit (SOWP):
- Doctoral degrees of any duration
- Participants in the Francophone Minority Communities Student Pilot outside Quebec or certain provincial programs listed here
- Students studying the following programs: Doctor of dental surgery, medicine, optometry, or Veterinary Medicine; Bachelor of laws (or JD), pharmacy, science in nursing, nursing science, nursing, education, or engineering.
Summary
Starting January 21, 2025, Canada will introduce several restrictions on open work permits for family members of international students and foreign workers. Spouses of foreign workers in TEER 0, 1, and certain TEER 2 or 3 occupations will remain eligible, but those in TEER 4 and 5 occupations will no longer qualify, and dependent children will also be ineligible. The duration requirement for spousal open work permits will increase from 6 to 16 months for all foreign workers. Family members already in Canada with current permits will not be affected and can extend their permits under the same criteria. Additionally, spouses of international students in master’s programs must meet the new 16-month duration requirement, while spouses of students in certain doctoral programs or specific provincial/Francophone community programs will remain eligible. These changes are aimed at reducing temporary residency numbers in Canada.
