Canada's Revised Open Work Permit Rules for Families: What Has Changed?

Canada has long been a top choice for international students and skilled workers. With world-class education and a strong job market, it provides countless opportunities for professional and personal growth. A major benefit for international students and foreign workers has been the Canadian Open Work Permit (OWP), which allows their spouses and dependent children to work freely in Canada.

However, as of January 21, 2025, the Government of Canada has implemented new restrictions on these permits. These changes significantly impact eligibility for family members. If you plan to study or work in Canada with your family, understanding these updates is important.

Who is Still Eligible for an Open Work Permit in Canada?

Under the new rules effective January 21, 2025, only spouses or common-law partners of students enrolled in specific academic programs can apply for an Open Work Permit. The eligible programs include:

• Master’s programs (minimum duration: 16 months)
• Doctoral (Ph.D.) programs
• Select professional degree programs (as defined by the Government of Canada)

In addition to this Spousal OWPs will be restricted to partners of international workers who hold positions in:

• TEER categories 0 or 1, or
• Specific TEER 2 or 3 roles within industries experiencing workforce deficits or aligned with governmental objectives.

These encompass positions in fields such as natural and applied sciences, building trades, medical services, resource extraction, teaching, athletics, and armed forces.

Furthermore, the international worker must have a minimum of 16 months left on their work authorization when their partner submits an OWP application. Children under their care will no longer qualify for eligibility.

Who is No Longer Eligible?

The new policy excludes spouses of students enrolled in:

• Undergraduate degree programs
• College diploma programs
• Certificate and short-term courses

This means that if your spouse is studying in any of the above programs, they will no longer qualify for an Open Work Permit. This is a significant shift from previous policies that provided broader work authorization to spouses.

What About Dependent Children?

The latest policy update does not explicitly mention changes for dependent children. However, given the government’s increasing restrictions on international students and their families, it's essential to stay informed about potential future changes that could impact dependent children's ability to work in Canada.

What Are the Alternatives?

If you or your spouse no longer qualify for an Open Work Permit under the new regulations, don’t worry—there are still viable pathways to work and live in Canada. Here are some alternative options to consider:

Employer-Specific Work Permits

One of the most direct ways to secure work authorization in Canada is through an employer-specific work permit. Unlike an Open Work Permit, this type of permit is tied to a specific employer and job role.

Requirements:

• A valid job offer from a Canadian employer
• In most cases, a Labor Market Impact Assessment (LMIA), which proves that no qualified Canadian worker is available for the position

Things to Consider:

• The LMIA process can take several weeks or even months to complete.
• Your spouse will be limited to working for the employer who sponsored their Canadian work permit.
• If your spouse wishes to change jobs, they would need to apply for a new Canadian work permit.

While this process requires time and effort, it remains a reliable way for your spouse to work in Canada legally.

Study Permit for Your Spouse

Another alternative is for your spouse to enroll in a study program in Canada. This option can be particularly beneficial if they are looking to upskill or change careers.

How It Works:

• Your spouse enrolls in an eligible Master’s or Ph.D. program at a recognized Canadian institution.
• They receive a Canadian study permit to stay in Canada while completing their studies.

Benefits of This Pathway:

• Access to Canada’s high-quality education system
• The possibility of working part-time during studies (up to 20 hours per week) and full-time during scheduled breaks
• A clear pathway to Permanent Residence (PR) through programs like the Post-Graduation Work Permit (PGWP) and Express Entry
• If your spouse is considering further education, this could be a win-win situation that allows both of you to stay and work in Canada.

Apply for Canadian Permanent Residence (PR)

If you meet the eligibility requirements, applying for Canadian Permanent Residency (PR) is an excellent long-term solution. PR status grants individuals the right to live, work, and study anywhere in Canada without the restrictions of a temporary work permit.

Common PR Pathways:

• Express Entry: A points-based system for skilled workers under programs like the Federal Skilled Worker Program (FSWP) and Canadian Experience Class (CEC).
• Provincial Nominee Program (PNP): Some provinces offer direct pathways for skilled workers, especially in occupations facing labor shortages.
• Family Sponsorship: If you are a Canadian citizen or PR, you may be able to sponsor your spouse for PR.

Advantages of PR Status:

• No need to renew work permits
• Access to social benefits, including healthcare
• A clear pathway to Canadian citizenship

If you qualify, applying for PR can provide long-term stability and security in Canada.

Work Permits for Skilled Workers

If your spouse has skills that are in high demand in Canada, they may qualify for a work permit under specialized programs.

Options to Explore:

• Global Talent Stream (GTS): A fast-track work permit program for tech and specialized occupations.
• In-Demand Occupations: Some provinces have occupation-specific work permits that allow skilled professionals to work in sectors facing shortages, such as healthcare and skilled trades.
• Francophone Mobility Program: If your spouse is fluent in French, they may be eligible for a work permit without an LMIA under this program.

If your spouse has specialized skills or experience in a high-demand industry, these programs can provide a direct path to working in Canada.

Why is Canada Implementing These Changes?

The Canadian government first announced these policy adjustments in September 2024, citing several key reasons.

Surging International Student Population

Canada has seen a massive increase in international students, leading to a higher demand for work permits. The government is now aiming to control the influx of foreign workers by tightening eligibility.

Labor Market Protection

With more international students and their families entering the workforce, concerns arose about job competition with Canadian citizens and skilled immigrants. These changes help ensure job availability remains balanced.

Focus on High-Quality Education

Canada wants to attract highly skilled and educated professionals. By limiting work permits to spouses of Master’s and Ph.D. students, the government encourages pursuit of advanced degrees that contribute to the country’s economy.

Preventing Misuse of Study Permits

Another reason for these changes is to prevent the misuse of study permits as a loophole for obtaining work authorization. The government has noted that some individuals enroll in short-term programs mainly to gain work permits rather than pursue education.

Looking Ahead

The new Open Work Permit restrictions mark a significant shift in Canada’s immigration policies. While the changes may create challenges, they also reflect Canada’s commitment to attracting highly skilled talent and ensuring a balanced labor market.

If you’re planning to study or work in Canada, now is the time to research your options and create a strong immigration strategy. Whether through an eligible study program, employer sponsorship, or permanent residence application, exploring multiple pathways will help you successfully navigate these new rules.

FAQs

Can Spouses of Undergraduate students still get an Open Work Permit?

No, only spouses of students in Master’s, Ph.D., or select professional programs are eligible.

Will the New Open Work Permit Changes Affect All Spouses of Temporary workers in Canada?

No, not all spouses will be impacted. Spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be affected by these changes.