On January 14, 2025, Immigration, Refugees and Citizenship Canada announced that effective January 21, 2025, open work permit (OWP) eligibility will be changed so that only spouses of certain international students and foreign workers will be able to apply for a family OWP, and dependent children of foreign workers will no longer be eligible.

Limitations on Family OWP Eligibility Effective January 21, 2025

Effective January 21, 2025, family OWPs will be limited to spouses of:

International students enrolled in:

·      master’s programs that are 16 months or longer;

·      doctoral programs; or

·      select professional and eligible programs; and

Foreign workers employed in:

·      TEER 0 or 1 occupations; or

·      Select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities, including occupations in:

o   the natural and applied sciences;

o   construction;

o   health care;

o   natural resources;

o   education; and

o   sports and military sectors.

Foreign workers must also have a minimum of 16 months remaining on their work permit when their spouse applies for the OWP.

Dependent children of foreign workers will not be eligible for an OWP any longer.

Unexpired OWPs Approved Under Previous Measures

Unexpired OWPs approved under the previous measures will continue to be valid.

Renewal of Work Permits

Family members who are in Canada (including spouses and dependent children) can apply to renew their work permit when:

·      Students require more time to complete their program; or

·      Family members received a shorter work permit than the principal applicant, on the condition that:

o   they are applying under the same criteria as the current work permit; and

o   the duration of the renewal matches the duration of the principal applicant’s existing study or work permit.

Who Will Not Be Impacted

The changes will not impact spouses of workers who are:

·      covered by free-trade agreements; or

·      transitioning to permanent residence.

Option for Family Members Who Will No Longer Qualify for a Family OWP

Family members who will no longer qualify for a family OWP may apply for any work permit they are eligible for under Canada’s work permit programs.

Bottom Line for Employers

Effective January 21, 2025, employers hiring workers who hold family OWPs because they are the spouse of an international student or foreign worker, or the dependent child of a foreign worker, are encouraged to confirm the worker’s eligibility to hold the OWP under the new rules.