The Canadian government recently announced significant changes to Open Work Permit (OWP) eligibility for family members of temporary residents. These changes, which will take effect on January 21, 2025, are designed to better align immigration policies with the economic needs and priorities of the Canadian labour market.
New criteria for families of foreign students
Until now, spouses or common-law partners of foreign students enrolled in various study programs could obtain a OWP, allowing them to work in Canada for the duration of their partner's studies. However, as of January 21, 2025, this eligibility will be restricted. From now on, only the spouses or common-law partners of students enrolled in the following programs will be eligible:
- Master's degree programs of 16 months or more.
- Doctoral programs.
- Certain professional and eligible programsthe list of which will be specified by the competent authorities.
This measure aims to focus PTO benefits on the families of students engaged in advanced study programs, considered to have a more significant economic impact.
Restrictions for foreign workers' families
The changes also affect the families of temporary foreign workers. From now on, only the spouses or common-law partners of workers employed in specific occupations will be eligible for a family PTO. The criteria are as follows:
- The principal worker must be employed in an occupation classified in categories 0 or 1 of the TEER (Training, Education, Experience and Responsibilities).
- Certain occupations in TEER categories 2 or 3, such as natural and applied sciences, construction, health care, natural resources, education, sport and the military, will also be eligible. The full list of these occupations will be available on January 21, 2025.
In addition, the foreign worker must have a valid work permit with a residual duration of at least 16 months at the time of the OWP application by his/her spouse or common-law partner. It is important to note that dependent children of foreign workers will no longer be eligible for these open work permits.
Validity of existing open work permits
OWPs already approved and still valid will remain valid until their expiry date. In situations where students require an extension to complete their program, or where family members have received a work permit for a shorter duration than the principal applicant, family members present in Canada may apply to renew their work permit, provided :
- Apply under the same criteria as their current work permit.
- Ensure that the duration requested for renewal corresponds to that of the principal applicant's existing study or work permit.
Exceptions and other available options
Certain categories will not be affected by these changes. Spouses or common-law partners of workers covered by free trade agreements, as well as those in transition to permanent residence, will retain their eligibility for family OWPs. Furthermore, family members who are no longer eligible for a family OWP can explore other types of work permits available under Canadian immigration programs.
Implications for temporary residents and their families
These changes reflect the Canadian government's desire to better adapt immigration policies to the specific needs of the labor market and the country's economic priorities. Temporary residents and their families are encouraged to familiarize themselves with these new criteria, and to plan their immigration and work in Canada accordingly.
For a personalized assessment of your situation and advice tailored to recent immigration changes, consider consulting our Regulated Canadian Immigration Consultant.
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