In a significant policy shift, Immigration, Refugees and Citizenship Canada (IRCC) has revised the eligibility criteria for Open Work Permits (OWPs) for family members of temporary residents: effective January 21, 2025. Previously, spouses of most foreign workers were eligible for open work permits, regardless of the foreign worker’s occupation and skill-level, with limited exceptions. Working-age dependent children of foreign workers also qualified for open work permits. And now is the following:

International Students’ Families

Previously, spouses of international students across various programs were eligible for OWPs. Under the new regulations, eligibility is now confined to spouses or common-law partners of students enrolled in:

• Master’s programs lasting 16 months or longer
• Doctoral (PhD) programs
• Select professional degree 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)

Foreign Workers’ Families

For spouses of foreign workers, OWP eligibility is now limited to those whose partners are employed in:

• TEER 0 (management occupations)
• TEER 1 (occupations requiring university education)
• Select TEER 2 or 3 occupations identified as experiencing labour shortages or aligned with government priorities, including sectors such as natural and applied sciences, construction, health care, natural resources, education, sports, and military. For full list click here

Additionally, the principal foreign worker must have at least 16 months remaining on their work permit / or / have a new work permit approval for 16 months or more, at the time of the spouse’s application.

Dependent Children

The OWP for dependent children of foreign workers is discontinuation.

Transitional Provisions and Exceptions

OWPs approved under the previous criteria and still valid will remain unaffected. In cases where family members received a shorter work permit than the principal applicant, e.g. due to short validity of Passport during original application, may apply for a renewal to match the duration of the principal applicant’s permit, provided they meet the new eligibility requirements.

Spouses of workers covered by free-trade agreements (FTAs) and those transitioning to permanent residence are exempt from these changes.

Impact on Employers

• Employers are expected to face challenges in attracting and filling non-managerial or non-professional positions.  Employers have to majorly rely on Canadians or individuals who already possess work authorization.
• Employers should review their current open-work-permit-holder population as there may be employees who may not be able to renew their work permits under the new rules.  By identifying these individuals, employers can determine the appropriate path forward for them, fostering compliance with the new rules while also supporting their workforce.
• Many employers are finding it beneficial to conduct a strategic review of their open-work-permit population to identify current workforce capabilities, forecast future labor needs, and adapt their hiring strategies accordingly.  By proactively evaluating their foreign worker demographics, employers can better prepare for the evolving immigration landscape and support maintenance of a robust talent pool to meet their business demands.

The government aims to reduce the proportion of temporary residents to 5% of the total population over the next three years, down from 6.8% in April 2024.