Changes On Open Work Permits

For families Of International Students And Temporary Foreign Workers

Changes on Open Work Permits for families of International Students andTemporary Foreign Workers

Changes on Open Work Permits

Effective January 21, 2025, only spouses of certain international students and foreign workers will be able to apply for a family open work permit (OWP).

OWP for families of international students will have restrictions under the new changes. OWP’s will be restricted to spouses or common-law partners enrolled in master’s programs that are 16 months or longer in duration. OWP’s will also be restricted to spouses and common-law partners of doctoral. Spouses of students enrolled in a specified professional degree program or eligible pilot program will also be eligible.

Spouses or common-law partners will be limited for OWP’s of those working in:

  • Training Education Experience and Responsibilities (TEER) 0 occupations;
  • TEER 1 occupations; and
  • Eligible TEER 2 or 3 occupations. Sectors with labour shortages or linked to government priorities will be eligible occupations. Including select occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors.

Under these new rules, the foreign worker must also have at least 16 months remaining validity on their work permit when their spouse applies. Lastly, dependent children of foreign workers will no longer be eligible for family OWPs.

Summary of eligibility for family OWPs:

    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:
      • Sectors with labour shortages or linked to government priorities are eligible occupations TEER 2 or 3 category.

This includes select occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors.

  1. Spouses of international students: Spouses or common-law partners of international students will be eligible for an OWP if the international student is enrolled in one of the following:
    • A master’s program of at least 16 months duration;
    • A doctoral program; lastly,
    • A specified professional degree program or eligible pilot program, listed below.
          • Doctor of Dental Surgery (DDS DMD);
          • Bachelor of Law or Juris Doctor (LLB, JD, BCL);
          • Doctor of Medicine (MD);
          • Doctor of Optometry (OD);
          • Pharmacy (PharmD, BS, BSc, BPharm);
          • Doctor of Veterinary Medicine (DVM);
          • Bachelor of Nursing Science (BNSc);
          • Bachelor of Nursing (BN);
          • Bachelor of Education (BEd); and
          • Bachelor of Engineering (BEng, BE, BASc).
          • Bachelor of Science in Nursing (BScN, BSN);

No Longer Eligible For Family OWPs

  1. Spouses of lower-skilled temporary foreign workers and temporary foreign workers in 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 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. 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.

Kahane Law Offices is Ready to Assist you

Employers may find Temporary Foreign Workers requesting modifications to their duties to attempt to fit their position under an eligible NOC to allow their spouse or common-law partner to obtain or renew their Open Work Permit. Employers must be cautious around changing work duties and National Occupational Classifications. In most cases a new work permit needs to be obtained before starting work under a different NOC.

Individuals residing in Canada under these permits, or who are planning to apply, it is important to seek legal advice to secure eligibility under the new requirements. Kahane Law Office will be happy to help with any questions you have about open work permits or other immigration matters.

This article is intended for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.