Ottawa has announced changes to the rules for obtaining Open Work Permits (OWP) for family members of international students and foreign workers.
The new regulations will take effect on January 21, 2025. From this date, only spouses of specific categories of international students and foreign workers will be eligible to apply for an OWP.
Key Changes:
For Spouses of International Students:
Permits will be available to spouses of students enrolled in:
- Master’s programs lasting 16 months or more;
- Doctoral programs;
- Specific professional and other approved programs.
For Spouses of Foreign Workers:
Permits will only be issued to spouses of workers employed in:
- TEER 0 or 1 occupations;
- Selected TEER 2 or 3 occupations in sectors experiencing labor shortages or aligned with government priorities, such as:
- Natural and applied sciences,
- Construction,
- Healthcare,
- Natural resources,
- Education,
- Sports and military services.
A full list of eligible professions will be published on January 21, 2025.
Additional Requirements:
Foreign workers must now have at least 16 months remaining on their work permits at the time their spouse applies.
Exceptions:
Spouses of workers covered under free trade agreements or those transitioning to permanent residency will not be affected by these changes.
Impact of the Changes:
For Families of Ukrainian Workers (CUAET):
- After the CUAET program expires on March 31, 2025, children of Ukrainian workers aged 18 or older will no longer be able to extend their work permits based on their parents’ permits.
- Spouses of Ukrainian workers will also lose the ability to renew their OWP after this date.
These changes will significantly restrict the ability of family members of temporary residents to obtain or renew OWPs, particularly for those fleeing crisis situations such as war.
Existing Work Permits:
Open work permits issued prior to the effective date and still valid will remain in force.
In cases where students require additional time to complete their program, or family members received permits shorter than the primary applicant’s, family members in Canada (including spouses and dependents) may apply for an extension IF:
- They apply based on the same criteria as their current work permit (e.g., if it was an open permit, they can extend it as an open permit);
- The requested extension duration matches the validity of the primary applicant’s current study or work permit.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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