
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.