New Rules for Open Work Permits: Who Qualifies?

The landscape of temporary residence in Canada has undergone a significant transformation. Starting January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) introduced sweeping new rules that drastically narrow the eligibility criteria for Open Work Permits (OWP) granted to the family members of foreign workers and international students.

For many years, the Spousal Open Work Permit (SOWP) was a popular pathway for spouses and common-law partners to gain valuable Canadian work experience. The new policy, however, focuses the OWP on family members of highly-skilled individuals, aiming to align temporary resident pathways more closely with Canada’s economic and labour market needs. If you are a spouse, partner, or a foreign worker with family, understanding these changes is vital.

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1. Open Work Permits for Spouses of Foreign Workers: The TEER Restriction

The most impactful change for foreign workers revolves around the Training, Education, Experience and Responsibilities (TEER) System of the National Occupational Classification (NOC). Previously, the spouses of many foreign workers—regardless of their job’s skill level—could apply for an OWP. Now, eligibility is heavily restricted.

Who Qualifies for a Spousal OWP?

• High-Skilled Occupations (TEER 0 or TEER 1): Spouses and common-law partners of foreign workers employed in TEER Category 0 (Management) or TEER Category 1 (Professional occupations, typically requiring a university degree) are still eligible for an OWP.
• Select Mid-Skilled Occupations (TEER 2 or TEER 3): Eligibility is extended to spouses of workers in select TEER 2 and TEER 3 occupations. This is not a blanket inclusion. IRCC limits this to occupations in sectors with known labour shortages or those linked to government priorities, such as healthcare, natural and applied sciences, construction, natural resources, education, sports, and the military. Applicants must check the official IRCC list for qualifying NOC codes within these categories.
• Ineligible Occupations (TEER 4 and TEER 5): Spouses of foreign workers in TEER Category 4 (e.g., administrative assistants, factory labourers) or TEER Category 5 (e.g., service and support roles) are generally no longer eligible for a Spousal Open Work Permit.

The Remaining Validity Requirement

In addition to the TEER requirements, the principal foreign worker must now have a minimum of 16 months remaining on their valid work permit at the time their spouse submits the OWP application. This is a significant increase from previous, shorter validity requirements and forces applicants to plan their applications well in advance of the principal worker’s permit expiry.

2. Open Work Permits for Spouses of International Students: The Academic Focus

The changes are equally restrictive for the family members of international students. The new rules effectively eliminate OWP eligibility for spouses of most students enrolled in undergraduate, college, and many certificate programs.

Who Qualifies for a Spousal OWP?

The spouse or common-law partner of an international student is only eligible for an OWP if the student is enrolled in one of the following advanced academic programs at a Designated Learning Institution (DLI):

• Master's Programs: The program must be at least 16 months in duration.
• Doctoral (PhD) Programs.
• Select Professional Programs: This includes degrees such as Doctor of Medicine (MD), Doctor of Dental Surgery (DDS/DMD), Bachelor of Law/Juris Doctor (LLB/JD), and Bachelor of Science in Nursing (BScN), among others.

Spouses of students in other programs, including most standard Bachelor’s degree programs and shorter diplomas or certificates, are no longer eligible for an OWP.

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3. The Loss of Open Work Permits for Dependent Children

A crucial change is the effective removal of Open Work Permit eligibility for dependent children of foreign workers, regardless of the principal worker's occupation or skill level (TEER). Working-age dependent children must now pursue their own stream for work authorization, such as an employer-specific work permit or a study permit.

4. Key Exemptions: Who is Not Affected?

While the new rules are broad, several groups remain largely unaffected and can still qualify for an OWP regardless of the principal worker’s TEER level or the student's program:

• Permanent Residence Applicants: Individuals who have an active permanent residence (PR) application in process (e.g., through Express Entry, PNP, or the TR to PR pathway) may still qualify for a Bridging Open Work Permit (BOWP) or a spousal work permit linked to their PR application.
• Workers Under Free Trade Agreements: Spouses of principal applicants under certain free trade agreements, like the Canada-United States-Mexico Agreement (CUSMA) or the Comprehensive Economic and Trade Agreement (CETA), may still be eligible.
• TR to PR Pathway Extension: In a separate, welcome update, the temporary public policy allowing applicants under the Temporary Resident to Permanent Resident (TR to PR) pathway and their family members to obtain an OWP has been extended until December 31, 2026.

Navigating the New Landscape

These new regulations represent a strategic pivot in Canadian immigration policy, prioritizing high-skilled foreign talent and advanced academic pursuits. The shift necessitates careful planning. Couples must now rigorously assess the principal applicant's TEER category and remaining work permit duration, or the student's program type, before planning a move or a career transition based on spousal work authorization. For those whose eligibility is affected, exploring alternative work permit options, such as an employer-specific permit supported by a Labour Market Impact Assessment (LMIA), becomes essential.

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Frequently Asked Questions (FAQs)

I am a Spouse of a Foreign Worker in a TEER 4 Job. Can I Still Apply For an Open Work Permit?

In most cases, no, not under the new rules effective January 21, 2025. Spousal Open Work Permits (SOWPs) are now limited to the spouses/partners of workers in TEER 0, TEER 1, or specific, designated TEER 2 or TEER 3 occupations. Workers in TEER 4 and 5 occupations are generally no longer eligible to support a spousal OWP application, unless an exemption applies (e.g., the worker is transitioning to permanent residence or is covered by a specific trade agreement).

My Spouse is an International Student in a Two-year College Diploma Program. Can I Apply For an OWP?

No. The new rules restrict OWP eligibility for spouses of international students to those whose partner is enrolled in an advanced academic program: a Master's program of at least 16 months, a Doctoral (PhD) program, or a pre-approved professional degree (like Nursing, Law, or Medicine). Spouses of students in most college diploma and undergraduate programs are no longer eligible for an OWP.

What Does the "16 Months Remaining" Requirement Mean For the Principal Foreign Worker?

For your spouse to be eligible for an Open Work Permit, the principal foreign worker (the one with the work permit) must have at least 16 months of validity remaining on their own work permit at the time you submit your Spousal OWP application to IRCC. If their permit has less than 16 months remaining, you must wait for the principal applicant to successfully extend their work permit before you can apply for your OWP.