Immigration, Refugees and Citizenship Canada (IRCC) has announced changes to open work permit (OWP) eligibility for family members of work permit and study permit holders. The changes remove OWP eligibility for some family members and impose stricter restrictions on OWP eligibility for others.

These changes are part of the broader suite of changes implemented by IRCC over the past twelve months to reduce temporary residents in Canada. As part of a broader announcement in September 2024, IRCC gave notice that changes would be implemented to the eligibility criteria for open work permits for family members of Work and Study Permit Holders (Gowling WLG: Canada takes further measures that will restrict international students and work permit options).

IRCC has now announced details of these changes, which will come into effect on January 21, 2025 at 05:00 UTC (midnight EST). Applications filed before the new rules are implemented will be processed based on the current (pre-January 21) criteria.

IMPORTANT: Family members of Work or Study Permit holders who may be negatively affected by these changes should file their OWP applications before January 21 so that their applications are processed under the current, less-restrictive, eligibility criteria.

No longer eligible:

  1. Spouses of lower-skilled temporary foreign workers/TFWs (TEER 4 or 5): Spouses or common-law partners of TFWs in lower-skilled occupations (TEER 4 or 5) will no longer be eligible for OWPs.
  2. Dependent children: Dependent children of work permit holders will no longer be eligible for OWPs.

Eligibility restricted:

  1. Spouses of higher-skilled TFWs (TEER 0 or 1): Spouses or common-law partners of higher-skilled TFWs in a TEER 0 or 1 occupation will be eligible for an OWP if the principal foreign national has a work permit valid for at least 16 months.
  2. Spouses of higher-skilled TFWs (TEER 2 or 3): Spouses or common-law partners of higher-skilled workers in a TEER 2 or 3 occupation may be eligible for an OWP if the principal foreign national has a work permit valid for at least 16 months and is working in an eligible TEER 2 or 3 occupation:
    • Eligible TEER 2 or 3 occupations will be limited to occupations in sectors with labour shortages or linked to government priorities, including select occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. 
    • A list of eligible TEER 2 or 3 occupations will be available on January 21, 2025.
  3. Spouses of international students: Spouses or common-law partners of international students will only be eligible for an OWP if the international student is enrolled in:

Eligibility unchanged

  1. Spouses under Free Trade Agreements: Certain Free Trade Agreements (FTAs) include provisions for spouses or common-law partners of foreign nationals who hold work permits under that FTA. Those provisions are unchanged and such spouses or common-law partners remain eligible for OWPs under the terms of the applicable FTA.
  2. Spouses of permanent residence applicants: Spouses or common-law partners of foreign nationals who hold a work permit and have applied for permanent residence in the Economic Class will remain eligible for an OWP.

Current open work permit holders

IRCC has confirmed that OWPs approved under the current criteria will remain valid until their expiry date.

In some very limited cases, such as where an international student needs more time to complete their studies or where the family member received a shorter work permit than the principal foreign national, extensions of family member OWPs may be possible under the existing criteria. This exemption appears to be designed to allow foreign nationals and their families to complete their current temporary purpose in Canada, such as allowing an international student’s spouse to remain with them while they complete their studies, or allowing a family member whose OWP was limited due to the expiry of their passport to obtain an extension for the balance of the principal foreign worker’s permit validity.

Those exemptions are very narrow. For example, they would not cover a situation where a TFW and their family members are coming up for a renewal. This will mean that accompanying spouses of some TFWs who currently have a spousal OWP will not be able to apply for a new spousal OWP after the changes are implemented.

Employer takeaways

These changes may affect Canadian employers in a number of ways.

  • Canadian employers that employ TFWs whose spouses may not be able to obtain or renew a spousal OWP may have to deal with TFW employees who will be much more stressed. Given cost of living pressures, the loss of a dual income where a spouse can no longer obtain a OWP will financially compromise many TFWs.
  • Many accompanying spouses who currently hold spousal OWPs will not be able to renew them. This will negatively affect Canadian employers who employ such OWP holders, as such OWP holders will eventually lose the ability to work in Canada when their current OWPs end, unless they have another work permit category they can utilized.

    Employers may be asked by such workers to pursue a Labour Market Impact Assessment to provide a basis for a new work permit.

  • It will also lower the available labour pool, which will negatively affect employers who operate in locations that have low unemployment rates.
  • The ability to attract or recruit new TFWs to address labour shortages for TEER 4 or 5 occupations and some TEER 2 and 3 occupations may be compromised. After January 21, the spouses of such foreign national candidates will no longer be able to get a work permit to work in Canada. For candidates who require a dual income to be able to afford to move to Canada with their spouse or family, the change is a disincentive to pursue employment offers or opportunities in Canada.

Employers that oversee or manage work permit renewals for their TFW employees may wish to take immediate steps to review upcoming renewals. For TFW employees who have spouses who may be negatively affected by the changes, it is imperative to file the work permit extension applications prior to the January 21 changes taking effect.

Conclusion

These changes are designed to limit and ultimately reduce the number of temporary residents in Canada.

For families currently residing in Canada under these permits, or who are planning to apply, immediate action may be necessary to secure eligibility under the current Open Work Permit / OWP requirements. Since the changes will not take effect until January 21, 2025, any applications submitted before this date will be processed under the current (pre-January 21) rules. This provides a short window to apply for those who may otherwise lose eligibility.

The Canadian immigration landscape continues to evolve. Staying informed is critical to effectively navigate changes to IRCC programs and requirements. Gowling WLG’s immigration team would be pleased to help with any questions you may have about open work permits or other immigration matters.