Canada Updates Its Open Work Permit Eligibility for International Workers Commencing January 21

The Immigration, Refugees, and Citizenship Canada (IRCC) declares significant modifications to the requirements for family members of foreign workers and students seeking Open Work Permits (OWPs).

These modifications, which will take effect on January 21, 2025, are intended to simplify the temporary resident programs and bring them closer to the goals of the Canadian economy and the demands of the labor market.

What Are The New Criteria for Canada Spousal Open Work Permits?

For Spouses of International Students:

• Master’s Programs: Only spouses who have a partner enrolled in a master’s program for at least 16 months are eligible to apply for an OWP.
• Doctoral Programs: Spouses of students seeking doctoral degrees are also eligible.
• Professional Programs: A limited number of professional programs will also be eligible; however, the details of these programs are still pending; complete disclosure is expected on January 21, 2025.

For Spouses of Foreign Workers:

• High-Skill Jobs: Spouses are eligible only if their partner holds a work permit for occupations classified under TEER 0 or 1 of the Canadian National Occupational Classification (NOC).
• Labor Shortage Sectors: Additionally, spouses of workers in TEER 2 or 3 occupations can apply, but only if those jobs are in areas currently confronting labor shortages or are linked with government priorities.
  • This encompasses subjects including natural and applied sciences, construction, health care, natural resources, education, sports, and military sectors.

One important requirement is that at the time the spouse applies for an OWP, the foreign worker must have at least 16 months remaining on their work permit.

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End of Eligibility for Dependent Children

The exclusion of dependent children from future eligibility for family OWPs is a noteworthy feature of these modifications.

With the new policy framework’s exclusive focus on spouses, this decision represents a substantial change.

Provisions for Transition: There won’t be any immediate adjustments for those who presently have family OWPs under the previous regime; their permits will stay in effect until they expire.

However, the new, strict requirements will be applicable for renewals:

Renewal Matching Requirements: Family members can only extend their OWPs if they still match the eligibility requirements, and the renewal period must coincide with the principal applicant’s current work or study permit.

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What Are the Exceptions to the New Rules?

• Free-Trade Agreements: These new limits do not apply to spouses of employees covered by free-trade agreements.
• Pathway to Permanent Residency: Eligibility for family OWPs will remain unchanged for those who are in the process of obtaining permanent status.

Other Routes for Individuals Who Are No Longer Eligible

As long as they meet the requirements for those particular permits, family members who will fall outside of the new eligibility brackets can still apply for other kinds of work permits that are offered under Canada’s more general immigration framework, according to the IRCC.

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What Does This New New Canada Open Work Permit Eligibility Mean for International Students

Due to the possible pain of family separation or financial strain, if spouses are unable to work, there is the worry that these measures may discourage prospective international students from choosing Canada.

Some companies have conflicting opinions, especially in industries that rely significantly on foreign expertise. They embrace targeted immigration to address some skill gaps, but when families are impacted, there are concerns about the overall effect on employee morale and retention.

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