IRCC to implement restrictions on family Open Work Permits in January 2025

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The government of Canada is now implementing greater restrictions on work permits for family members of international students and foreign workers, after having first announced these changes in September of 2024.

Effective January 21, 2025, family open work permits (OWPs) for international students will be restricted to the spouses or common-law partners of students currently enrolled in

• Master’s programs that are 16 months or longer in duration;

• Doctoral programs; or

• Select professional and eligible programs (listed below).

Prior to this change, a master's program did not have to be 16 months or longer in duration in order for the student's spouse to be eligible for a SOWP.

In addition to this, family OWPs for foreign workers will be limited to spouses or common-law partners of those working in

• Training Education Experience and Responsibilities (TEER) 0 occupations;

• TEER 1 occupations; and

• Select TEER 2 or 3 occupations* in:

  • Natural and applied sciences;

  • Construction;

  • Healthcare;

  • Natural resources;

  • Education;

  • Sports; and

  • Military sectors.

*A full list of eligible TEER 2 and 3 occupations will be published by IRCC on January 21, 2025.

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

Dependent children of foreign workers will no longer be eligible for family OWPs.

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Ability to renew

OWPs for family members that were issued under previous measures and have not yet expired will continue to remain valid.

In situations where a spouse may be given a shorter work permit than the sponsoring study or work permit holder (under a previous family OWP policy), in-Canada family members (including spouses and dependent children) can apply to renew their work permit as long as the requested duration of the renewal matches the duration of the existing study or work permit of the sponsoring permit holder.

Which educational programs outside of the master's or doctoral level can students enroll in and still receive a family OWP?

Outside of studies at the master's or doctoral level, students in the following programs can continue to receive a family OWP for their spouse or common-law partner:

• 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); and

• Bachelor of Engineering (BEng, BE, BASc).

Who is not impacted by these changes?

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.

Part of a wider suite of measures

Immigration Refugees and Citizenship Canada (IRCC) first announced their intention to limit OWPs available to spouses and common-law partners of international students and foreign workers in September of 2024. At the time of the announcement, Miller stated that he predicted that changes to the eligibility criteria of family OWPs for international students and foreign workers to result in a reduction of 50,000 and 100,000 fewer permits issued over the next three years, respectively.

At a press conference held at the time, Minister of Immigration Marc Miller announced his intention to limit family OWPs for students and foreign workers in the country. This change was announced alongside other sweeping reforms to Canada’s immigration system, aimed specifically at reducing the number of temporary residents (study and work permit holders) in the country to better deal with housing supply and affordability concerns.

As part of this wider initiative, IRCC has implemented targets for work permit holder landings under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP)—the latter of which includes family OWPs—in the country's annual Immigration Levels Plan. Targets for work permit holders under each program are listed below:

In a further measure to reduce the number of IMP work permit holders in the country, IRCC has also implemented greater restrictions on Post-Graduation Work Permit (PGWP) eligibility, based on the date that a student applies for their study permit.

In addition to implementing language proficiency requirements for all new graduates, IRCC now requires that some students who have applied for their study permit after November 1, 2024, meet field of study requirements—based on their level of study. These changes are summarised in the tables below:

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

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

The advantages of an OWP

Canadian OWPs allow holders to work anywhere in Canada and for most employers in most industries.

In addition, the duration of validity of an OWP is usually pre-determined and not tied to specific employment, unlike employer-specific or Labour Market Impact Assessment (LMIA)-based work permits—which may more broadly be referred to as “closed” work permits.

For these reasons, OWPs tend to be more highly sought after by newcomers than closed work permits.