These changes are set to take effect on January 21, 2025, marking a pivotal shift in the criteria for obtaining family open work permits, or OWPs.
In September 2024, Immigration, Refugees and Citizenship Canada, commonly referred to as IRCC, announced significant changes regarding the eligibility for open work permits, specifically targeting family members of international students and foreign workers.
Under the new regulations, the eligibility for family OWPs will be restricted primarily to the spouses of certain categories of international students and foreign workers. For international students, only those enrolled in specific programs will qualify. This includes spouses of students participating in master’s programs that are 16 months or longer, doctoral programs, and select professional programs that meet eligibility criteria established by the IRCC.
Similarly, for foreign workers, the eligibility for family OWPs will be confined to the spouses of those employed in designated occupations. Specifically, this includes spouses of foreign workers in TEER 0 or 1 occupations, which typically encompass managerial and professional roles. Additionally, spouses of workers in select TEER 2 or 3 occupations that are identified as being in sectors facing labor shortages or deemed linked to government priorities will also qualify. Notable sectors mentioned include natural and applied sciences, construction, healthcare, natural resources, education, sports, and military sectors. A comprehensive list detailing these occupations will be made available on the effective date of the changes.
Moreover, an important stipulation is that the foreign worker must have a minimum of 16 months remaining on their work permit at the time their spouse applies for the OWP. It is also crucial to note that dependent children of foreign workers will no longer be eligible for these family OWPs, marking a significant restriction in the scope of family inclusion. For those individuals who have already received OWPs under the previous regulations, it is important to highlight that these permits will remain valid as long as they have not expired.
Furthermore, in circumstances where international students require additional time to complete their studies or where family members have received a shorter work permit than the principal applicant, in-Canada family members, including spouses and dependent children, may apply for a renewal of their work permit. This renewal is contingent upon adhering to the same criteria as the current work permit and ensuring that the requested duration aligns with that of the principal applicant’s study or work permit.
It is also worth mentioning that spouses of workers who are covered by free-trade agreements, as well as those transitioning to permanent residence, will not be affected by these new changes. For family members who find themselves no longer qualifying for a family OWP under the revised criteria, they still retain the option to apply for any type of work permit for which they may be eligible under Canada’s broader work permit programs.
In summary, these changes by IRCC represent a significant recalibration of the eligibility landscape for family open work permits, emphasizing a more selective approach aimed at aligning family work permit eligibility with specific educational and occupational criteria.
Source: Canada.ca