Changes to Open Work Permit Eligibility for Family Members of Temporary Foreign Workers in Canada

By Nicole Hartle

As of January 21, 2025, Immigration, Refugees and Citizenship Canada (“IRCC”) will implement changes to the eligibility criteria for open work permits (“OWP”) for family members of international students and temporary foreign workers (“TFW”).

THE NEW RULES

Under the new rules, family OWPs will be restricted to the spouses of certain international students and TFWs. Dependent children of TFWs will no longer be eligible for an OWP. Further, OWPs previously approved under the old eligibility criteria will remain valid until such time as they expire, and there are other limited circumstances where renewals may be permitted.

For TFWs, an OWP will only be available to spouses of individuals employed in:

• TEER 0 or 1 occupations; or
• Certain TEER 2 or 3 occupations in sectors facing labor shortages or linked to government priorities (natural and applied sciences, construction, healthcare, natural resources, education, sports, and military sectors).

For international students, an OWP will only be available to spouses of those enrolled in specific educational programs, including:

• Master’s programs that are 16 months or longer;
• Doctoral programs; or
• Select professional and eligible programs.

Additionally, the TFW must have at least 16 months remaining on their work permit when their spouse applies for an OWP. Spouses of TFWs under free-trade agreements and those in the process of transitioning to permanent residence will not be affected by these changes.

WHAT THIS MEANS FOR SPOUSES

Spouses that are precluded from applying for an OWP will need to apply for alternative status. Possible options could include a visitor record, a study permit, an LMIA-based work permit, or LMIA-exempt pathways. All immigration programs are subject to various eligibility criteria and IRCC approval, and spouses will need to consider the most appropriate program for their personal circumstances.

WHAT THIS MEANS FOR EMPLOYERS

If a temporary resident’s working status expires, then they must cease working for an employer. Working illegally will have significant consequences for the employer and employee.

Employers may find themselves losing valuable employees and having a smaller pool of suitably qualified candidates available for a position. If this happens, and employers are unable to recruit suitably qualified Canadians or Permanent Residents, then eligible employers may want to consider applying for a Labour Market Impact Assessment (“LMIA”) to hire a foreign worker.

NEXT STEPS

If you are a spouse that is affected by these changes and need to consider alternative immigration pathways, then please contact us to discuss your immigration options.

If you’re an employer looking to hire a temporary resident, contact us today. We offer a free, no-obligation 30-minute consultation where you can learn more about the LMIA process and how this may help ensure the continued success of your business.