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 international students and foreign workers. These changes, effective January 21, 2025, will impact many prospective applicants planning to come to Canada with their families.
KEYPOINTS
Key Changes Effective January 21, 2025:
- Spouses of International Students:
- Eligible Programs: Only spouses of international students enrolled in specific programs will qualify for a family OWP. These programs include:
- Master’s programs lasting 16 months or longer
- Doctoral (PhD) programs
- Select professional and eligible programs (details to be provided by IRCC)
- Ineligible Programs: Spouses of students enrolled in shorter master’s programs (under 16 months), bachelor’s degrees, diplomas, or certificate programs will no longer automatically qualify for a family OWP.
- Eligible Programs: Only spouses of international students enrolled in specific programs will qualify for a family OWP. These programs include:
- Spouses of Foreign Workers:
- Eligible Occupations: Family OWPs will be limited to spouses of foreign workers employed in:
- TEER 0 or 1 occupations
- Select TEER 2 or 3 occupations in sectors with documented labor shortages or linked to government priorities. These sectors include natural and applied sciences, construction, health care, natural resources, education, sports, and military. A comprehensive list will be available on January 21, 2025.
- Additional Requirement: The principal foreign worker must have at least 16 months remaining on their work permit at the time their spouse applies for a family OWP.
- Eligible Occupations: Family OWPs will be limited to spouses of foreign workers employed in:
- Dependent Children:
- Dependent children of foreign workers will no longer be eligible for an open work permit.
Implications for Prospective Applicants:
- International Students: If you plan to study in Canada and wish for your spouse to obtain an OWP, carefully select programs that meet the new eligibility criteria.
- Foreign Workers: Ensure your occupation and the validity period of your work permit align with the new requirements if your spouse intends to apply for an OWP.
- Families with Dependent Children: Explore alternative options, such as study permits, for dependent children who wish to accompany you and engage in work or study in Canada.
Transitional Measures:
- Existing OWPs approved under previous criteria will remain valid until their original expiry date.
- In-Canada family members can apply to renew their work permits under the same criteria as their current permit, provided the renewal period matches the existing study or work permit duration of the principal applicant.
Exemptions:
- Spouses of foreign workers covered by free-trade agreements and those transitioning to permanent residence under specific programs will not be affected by these changes.
IMPACT
Impact on Provincial Nominee Programs (PNPs):
PNPs allow provinces and territories to address specific labor market needs by nominating individuals for PR. The new OWP restrictions may affect applicants’ ability to gain Canadian work experience—a critical factor in many PNP streams.
- Spouses of International Students: With eligibility now confined to spouses of students in longer master’s programs (16 months or more), doctoral programs, or select professional programs, many spouses may lose the opportunity to work in Canada. This limitation reduces their chances to acquire the Canadian work experience often required for PNP eligibility.
- Spouses of Foreign Workers: Eligibility is now limited to spouses of workers in TEER 0 or 1 occupations, or select TEER 2 or 3 occupations in sectors with labor shortages. Additionally, the principal foreign worker must have at least 16 months remaining on their work permit. These constraints may decrease the number of spouses gaining Canadian work experience, potentially affecting their prospects for PNP nominations.
Impact on Express Entry:
Express Entry is a points-based system managing applications for federal economic immigration programs. Factors such as Canadian work experience and spousal adaptability significantly influence an applicant’s Comprehensive Ranking System (CRS) score.
- Canadian Work Experience: The new OWP restrictions may limit spouses’ ability to gain Canadian work experience, thereby reducing the principal applicant’s CRS score. This reduction could diminish their competitiveness in the Express Entry pool.
- Spousal Adaptability: A spouse’s Canadian work experience can contribute additional points to the principal applicant’s CRS score. With fewer spouses eligible for OWPs, applicants may miss out on these valuable points, potentially affecting their chances of receiving an Invitation to Apply (ITA) for PR.
Impact on Other Immigration Pathways:
The OWP changes may also influence other immigration programs:
- New Permanent Residency Pathways: Canada plans to introduce new PR pathways in 2025, such as the Enhanced Caregiver Pilot Programs and the Rural Community Immigration Pilot. While these programs offer alternative routes to PR, the OWP restrictions could limit spouses’ ability to gain the necessary work experience to qualify.
- Temporary Resident Population Reduction: Canada aims to reduce its temporary resident population to 5% of the total population over the next three years. The OWP changes align with this goal but may also limit opportunities for foreign nationals to transition from temporary to permanent status.
Strategic Considerations for Foreign Nationals:
Given these developments, foreign nationals should consider the following strategies:
- Program Selection: International students should choose study programs that render their spouses eligible for OWPs, thereby enhancing their family’s prospects for Canadian work experience and future PR applications.
- Occupation Assessment: Foreign workers should evaluate whether their occupations fall within the eligible TEER categories to secure OWP eligibility for their spouses.
- Alternative Work Permit Options: Family members who no longer qualify for a family OWP can explore other work permit programs for which they may be eligible.
FINAL THOUGHTS
The tightening of OWP eligibility criteria represents a significant shift in Canada’s immigration landscape, potentially affecting foreign nationals’ ability to gain Canadian work experience—a crucial component for many PR pathways. Given the complexity and potential impact of these changes, we strongly recommend consulting with a licensed immigration consultant or lawyer to assess your specific situation and explore the best pathways for you and your family. These changes may affect your plans to come to Canada with your family. It’s important to understand the new rules and how they apply to your situation. Please reach out to us if you have any questions or need assistance navigating these changes.
