Immigration, Refugees, and Citizenship Canada (IRCC) has announced major changes to the eligibility for Open Work Permits (OWPs) for family members of international students and foreign workers.
These new rules, set to take effect on January 21st, 2025, are designed to better align Canada’s temporary resident programs with economic priorities and current labor market needs.
The policy shifts focus on the eligibility of spouses and exclude dependent children from future OWP eligibility.
Immigration News Canada (INC) cites that the new criteria will affect family members applying for OWPs. These changes are aimed at prioritizing high-skill occupations and specific sectors where Canada is facing labor shortages. The updated policy also introduces restrictions on the eligibility of dependent children and requires that spouses meet stricter conditions to qualify for permits.
The new criteria for spousal OWPs are specific to the type of program in which the international student is enrolled. Spouses of students in master’s programs can apply for an OWP only if the program lasts at least 16 months.
Spouses of doctoral students are also eligible, but the rules for professional programs are still pending, with further details expected on January 21st, 2025.
For foreign workers, spouses can only apply for an OWP if the worker holds a permit for a high-skill job under Canada’s National Occupational Classification (NOC) TEER 0 or 1 categories. Spouses of workers in TEER 2 or 3 occupations can apply only if their jobs are in sectors facing labour shortages or aligned with government priorities.
These sectors include natural sciences, construction, healthcare, and education. Additionally, the foreign worker must have at least 16 months left on their work permit when the OWP application is submitted.
A significant change in the new policy is the exclusion of dependent children from eligibility for family OWPs. This policy focuses exclusively on spouses, removing the possibility for children to work while their parents hold temporary permits.
This shift marks a significant change to family immigration policies, limiting work opportunities to only spouses.
Family members who currently hold OWPs under the previous rules will not be affected immediately. Their permits will remain valid until they expire. However, for any renewals, the new, stricter eligibility criteria will apply. Family members seeking to renew OWPs must meet the updated requirements, including matching the criteria of the principal applicant’s study or work permit.
Certain exceptions will remain, including spouses of workers under free-trade agreements, who are not subject to these new restrictions. Additionally, those transitioning to permanent residency will still be eligible for family OWPs, unaffected by the new rules.
For individuals no longer eligible under the new criteria, IRCC notes that they can still apply for other types of work permits, as long as they meet the criteria for those specific permits. This ensures that family members who no longer qualify for OWPs have alternative pathways to stay and work in Canada.
INC informs that the announcement has drawn mixed reactions.
Although politicians have framed the changes as necessary to address Canada’s labour market needs, with some arguing that the changes will help focus immigration on high-demand sectors. However, critics argue that the policy could damage Canada’s reputation as a welcoming destination for skilled workers and their families.
Reports also inform that economists are divided on the potential impact of the new rules. Some argue that focusing on high-skill sectors will reduce underemployment and increase productivity.
Reports also inform that economists are divided on the potential impact of the new rules. Some argue that focusing on high-skill sectors will reduce underemployment and increase productivity.
As the policy takes effect, the broader effects on Canada’s immigration system and labour market will become clearer. Whether these changes will strengthen the Canadian economy or lead to unintended consequences remains a subject of ongoing debate.