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RESTRICTIONS ON FAMILY OPEN WORK PERMITS

Immigration law

30 Jan

The Government of Canada is committed to enhancing the integrity and quality of our temporary resident programs while advancing the country’s economic objectives and addressing labour market demands.

As part of broader initiatives, Immigration, Refugees and Citizenship Canada (IRCC) is giving the eligibility criteria for open work permits (OWP) a little makeover for family members of international students and foreign workers. It’s like a fresh coat of paint—only this time, it’s on work permits!

Starting January 21, 2025, only the spouses of specific international students and foreign workers will be eligible to apply for a family open work permit (OWP).

OWPs will be restricted to

  • Master’s programs lasting 16 months or more
  • Doctoral programs, or
  • Select professional and eligible programs

Family open work permits (OWPs) will also be restricted to spouses of foreign workers employed in:

 

TEER 0 or 1 occupations or Select TEER 2 or 3 occupations in sectors experiencing labour shortages or aligned with government priorities. These sectors include natural and applied sciences, construction, healthcare, natural resources, education, sports, and the military. A complete list will be available on January 21, 2025.*IRCC will publish a full list of eligible TEER 2 and 3 occupations on January 21, 2025.

 

For spouses of foreign workers to qualify under these new rules, the foreign worker must have at least 16 months of validity remaining on their work permit when the spouse applies.

Additionally, dependent children of foreign workers will no longer be eligible for family open work permits (OWPs)—looks like the little ones will have to stick to schoolwork instead of work permits. Family work permits (OWPs) that were issued under previous rules and have not expired will still be valid.

 

If a spouse receives a work permit for a shorter time than the main permit holder (under old family OWP rules), family members in Canada (like spouses and dependent children) can apply to renew their work permit. The renewal will be approved as long as the requested renewal time matches the length of the main permit holder's study or work permit.

 

Students enrolled in programs other than master's or doctoral studies can still apply for a family open work permit (OWP) for their spouse or common-law partner. This applies to those studying in specific 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)


Generally, foreign workers eligible under FTA require a work permit to work in Canada but are exempt from obtaining a Labor Market Impact assessment (LMIA), making the process of obtaining a work permit seamless, inexpensive, and quick.

 

Therefore, Spouses and common-law partners of workers covered by free trade agreements (FTAs) are not impacted by these changes. In addition, spouses or common-law partners who are being sponsored by their Canadian loved one for permanent residence (PR), may continue to apply for a Spousal Open Work Permit (SOWP) if they already have legal temporary status in Canada.

 

During a press conference, Immigration Minister Marc Miller announced plans to limit family work permits for students and foreign workers in Canada. This change is part of a broader set of immigration reforms aimed at reducing the number of temporary residents (like study and work permit holders) in the country to help address issues with housing supply and affordability.

 

Target for Work Permit Holders are:

Work Permit Type

2025

2026

2027

International Mobility Program (IMP)

285,750

128,700

155,700

Temporary Foreign Worker Program (TWFP)

82,000

82,000

82,000

Total

367,750

210,700

237,700

 

An immigration lawyer at RRM Law can provide expert guidance and support throughout the application process for an Open Work Permit (OWP). They can help you understand eligibility requirements, prepare the necessary documentation, and ensure that all forms are correctly filled out and submitted on time.

 

Additionally, an immigration lawyer can assess your unique situation to identify any potential issues or complications, such as inadmissibility concerns, and work with you to address them. Their expertise also extends to navigating complex immigration policies, improving the likelihood of a successful application and helping you make informed decisions about your work permit and immigration goals.

 

To further reduce the number of IMP work permit holders in the country, IRCC has imposed stricter eligibility criteria for the Post-Graduation Work Permit (PGWP), based on the date a student applies for their study permit.

 

PGWP Eligibility requirements (Study permit application submitted before Nov. 1, 2024) There is no field of study requirements

 

Level of Study

Language Requirements

University Degree in Bachelor’s, Master’s or Doctoral Programs

English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.

University Programs that are not listed above

 

English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.

College Program /Non-University Programs

English or French language proficiency equivalent to a level 5 CLB/NCLC in all four language abilities.

 

PGWP Eligibility requirements (Study permit application submitted after Nov. 1, 2024)

 

Level of study

Language requirements

Field of study Requirements

University bachelor’s, master’s or doctoral programs

English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.

Not Applicable

University programs that are not listed above

English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.

Must have graduated from an eligible field of study

College Program /Non-University Programs

English or French language proficiency equivalent to a level 5 CLB/NCLC in all four language abilities.

Must have graduated from an eligible field of study.

 

Canadian Open Work Permits (OWPs) allow holders to work anywhere in Canada and for most employers across various industries. Unlike employer-specific work permits or those based on a Labour Market Impact Assessment (LMIA), the validity of an OWP is usually set in advance and isn’t linked to a specific job. Because of this flexibility, OWPs are generally more desirable to newcomers than closed work permits.

In addition to immigration services, RRM Law offers support in other legal areas, such as criminal defense attorney, real estate lawyer, and family law attorney. They can represent you in communications with the government and help you navigate the application process, including the next steps toward applying for permanent residence with the Canadian federal government. Hire a Brampton Immigration Lawyer today.

To Schedule Your Consultation, call 905-798-3776.