As of January 21, new restrictions apply to open work permit (OWP) eligibility for family members of international students and temporary foreign workers. These measures are designed to limit access to these permits in specific situations and to tighten eligibility criteria.
Key changes
Families of temporary foreign workers
Henceforth, family OWPs are limited to spouses and common-law partners of temporary foreign workers who are employed in the following:
- a TEER 0 or 1 occupation as categorized in the National Occupational Classification (NOC), or
- select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities. A complete list of eligible TEER 2 and 3 occupations is available on the official website of Immigration, Refugees and Citizenship Canada (IRCC).
It should also be noted that the temporary foreign worker must have at least 16 months remaining on their work permit at the time when their spouse or partner applies for the OWP.
Families of international students
Henceforth, only the spouses or common-law partners of international students enrolled in one of the following programs will be eligible for a family OWP:
- Master's programs that are 16 months or longer
- Doctoral programs
- Select professional and eligible programs
Dependent children
As of January 21, the dependent children of international students and temporary foreign workers are no longer eligible for a family OWP.
Exceptions to the new restrictions
The recent changes by IRCC do not affect the spouses or partners of workers covered by free-trade agreements nor those transitioning to permanent residence.
Our recommendations
These changes require a thorough analysis of the family situations of your workers or applicants. If family members are no longer eligible for a family OWP, other work permit options may be suitable for them. Since every situation is unique, it's best to have personalized support.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
