IRCC Policy Update: Changes to Open Work Permits for Family Members of Temporary Residents

According to the announcement released by the Immigration, Refugees and Citizenship Canada (IRCC) on January 14, 2025, the Canadian government will make changes to the eligibility criteria for open work permits (OWPs) for family members of temporary residents starting January 21, 2025. These changes are intended to improve the quality of the temporary resident programs and strengthen their contribution to the Canadian economy while enhancing the efficiency and fairness of the immigration system.

Key Changes:

1. Eligibility of Spouses and Partners of International Students One of the major changes is that, starting January 21, 2025, only the spouses or partners of certain international students will be eligible to apply for an open work permit. The students eligible for this change include those enrolled in programs lasting more than 16 months, such as master’s, doctoral, or certain recognized professional programs. This restriction aims to ensure that international students and their family members make the greatest possible contribution to Canada’s labor market and economic development.
2. Eligibility of Spouses of Foreign Workers The eligibility requirements for foreign workers’ spouses to apply for open work permits will also be adjusted. According to the new regulations, only spouses of foreign workers employed in certain TEER (Training, Education, Experience, and Responsibilities) 0, 1, and some TEER 2 or 3-level occupations will be able to apply. These occupations typically belong to high-demand sectors, such as natural sciences, healthcare, engineering, construction, etc., especially in areas related to Canada’s labor shortages or government priority sectors. A detailed list of these occupations will be published on January 21, 2025.
3. Work Permit Validity Period Requirements Furthermore, foreign workers’ spouses must demonstrate that when they submit their work permit applications, the primary foreign worker’s work permit is still valid and has at least 16 months of validity remaining. This rule aims to ensure that the work permits of spouses or partners are in line with the residency or work status of the principal applicant and that the family members’ work permits are consistent with those of the principal applicant.

Groups Not Affected:

While most family members will need to meet the new criteria for open work permit applications, some groups remain unaffected and can continue to apply under the old rules.

1. Spouses of Foreign Workers Under Trade Agreements Under certain trade agreements between Canada and other countries, the spouses of foreign workers from specific countries will continue to be eligible for open work permits under the terms of these agreements. This provision applies to countries such as the United States and Mexico and is intended to promote bilateral labor mobility and cooperation.
2. Spouses of Foreign Workers Who Are Transitioning to Permanent Residents Additionally, the spouses of foreign workers who are in the process of transitioning to permanent residents are not affected by this change. They can still apply for open work permits according to Canadian immigration laws and policies until they complete their permanent residency application process.

Other Key Considerations:

1. Transitional Arrangements For those who have already been granted an open work permit under the previous rules, these permits will remain valid as long as they do not expire. Therefore, these family members can continue to work in Canada until their permits expire or need to be extended.
2. Extending Work Permits If the work permits of family members of students or foreign workers are nearing expiration, but the principal applicants still meet the Canadian immigration regulations and are eligible for an extension, family members can apply for an extension of their work permits. These applications will be processed according to the same criteria applied to the principal applicant to ensure that family members’ work permits align with the principal applicant’s status.
3. Alternative Work Permit Programs If some family members no longer meet the new eligibility criteria, they can apply for other types of work permits available in Canada based on their individual qualifications, including meeting the requirements for specific occupations, skills, or other work permit conditions. 

Overall Government Objectives and Future Outlook:

These adjustments to open work permits are an important decision made by the Canadian government in response to the changing global labor market. The government aims for these changes to better support the country’s labor market needs and strengthen sectors that contribute to Canada’s long-term economic development. These changes reflect Canada’s ongoing adjustments and optimizations to its immigration policies, ensuring that international students and their families create the most beneficial conditions for Canada while enhancing the overall quality and socioeconomic impact of immigration.

The implementation of these changes will take time and require precise administrative management. However, in the long term, this will contribute to creating a more fair, transparent, and efficient immigration system that will effectively support Canada’s advantages in the global economic competition.