In a move aimed at addressing labor market needs and ensuring a more structured immigration system, Immigration, Refugees and Citizenship Canada (IRCC) has announced that new restrictions will be implemented on family Open Work Permits (OWPs) beginning January 2025. This policy shift is expected to impact foreign workers and their families seeking work opportunities in Canada.
About Open Work Permits
An Open Work Permit allows individuals to work for any employer in Canada without needing a specific job offer or Labor Market Impact Assessment (LMIA). Family members of foreign workers, such as spouses and dependent children, have traditionally benefited from this program. This system has provided flexibility for families relocating to Canada, enabling them to integrate into the labor market more seamlessly.
New Criteria for Canada Spousal Open Work Permits
Effective January 21, 2025, family OWPs will be limited to spouses of:
- – International students enrolled in:
- + Master’s programs that are 16 months or longer;
- + Doctoral programs; or
- + Select professional and eligible programs; and
- Foreign workers employed in:
- + TEER 0 or 1 occupations; or
- + Select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities, including occupations in:
- * the natural and applied sciences;
- *construction;
- *health care;
- *natural resources;
- *education; and
- *sports and military sectors.
Foreign workers must also have a minimum of 16 months remaining on their work permit when their spouse applies for the OWP.
Dependent children of foreign workers are no longer eligible for open work permits.
Unexpired OWPs Approved Under Previous Measures
Unexpired OWPs approved under the previous measures will continue to be valid.
Renewal of Work Permits
Family members who are in Canada (including spouses and dependent children) can apply to renew their work permit when:
- – Students require more time to complete their program; or
- – Family members received a shorter work permit than the principal applicant, on the condition that:
- + They are applying under the same criteria as the current work permit; and
- + The duration of the renewal matches the duration of the principal applicant’s existing study or work permit.
Exceptions To The New Policy
The new restrictions do not apply to:
- – Spouses of Workers under Free Trade Agreements (FTAs).
- – Spousal Open Work Permit (SOWP) Applicants: Those sponsored for permanent residence with valid temporary status in Canada.