Canada is now implementing greater restrictions on work permits for family members of international students and foreign workers, after having first announced these changes in September of 2024.

Effective January 21, 2025, family open work permits (OWPs) for international students will be restricted to the spouses or common-law partners of students currently enrolled in:

• Master’s programs that are 16 months or longer in duration;
  
• Doctoral programs; or
  
• Select professional and eligible programs (listed below).
  

Prior to this change, a master's program did not have to be 16 months or longer in duration in order for the student's spouse to be eligible for a SOWP.

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In addition to this, family OWPs for foreign workers will be limited to spouses or common-law partners of those working in Training Education Experience and Responsibilities (TEER) 0 occupations;

• TEER 1 occupations; and
  
• Select TEER 2 or 3 occupations* in:
  
  
  • Natural and applied sciences;
    
  • Construction;
    
  • Healthcare;
    
  • Natural resources;
    
  • Education;
    
  • Sports; and
    
  • Military sectors.
    

For spouses of foreign workers to be eligible under these rules, the foreign worker must have at least 16 months remaining validity on their work permit when their spouse applies.

Dependent children of foreign workers will no longer be eligible for family OWPs.

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OWPs for family members that were issued under previous measures and have not yet expired will continue to remain valid.

In situations where a spouse may be given a shorter work permit than the sponsoring study or work permit holder (under a previous family OWP policy), in-Canada family members (including spouses and dependent children) can apply to renew their work permit as long as the requested duration of the renewal matches the duration of the existing study or work permit of the sponsoring permit holder.

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Who remains unimpacted by the changes?

Spouses and common-law partners of workers covered by free trade agreements (FTAs) are not impacted by these changes. In addition, spouses or common-law partners who are being sponsored by their Canadian loved one for permanent residence (PR), may continue to apply for a Spousal Open Work Permit (SOWP) if they already have legal temporary status in Canada.

What is OWP?

Canadian OWPs allow holders to work anywhere in Canada and for most employers in most industries.

In addition, the duration of validity of an OWP is usually pre-determined and not tied to specific employment, unlike employer-specific or Labour Market Impact Assessment (LMIA)-based work permits—which may more broadly be referred to as “closed” work permits.

For these reasons, OWPs tend to be more highly sought after by newcomers than closed work permits.