Are you hiring a temporary worker who plans to move or has come to Canada with their family? Or are you hiring an employee with an open work permit (OWP) as an accompanying spouse? The new eligibility criteria for OWPs for family members of temporary residents, effective January 21, 2025, could impact your employees.
These new measures from Immigration, Refugees and Citizenship Canada (IRCC) mainly concern the spouses of certain international students and foreign workers. Since these changes affect many temporary residents in Canada, it is crucial to understand the impacts for you, your employees, and their family members.
Here are the key points of the new eligibility rules for OWPs for family members:
Eligibility for spouses of international students is restricted to those enrolled in:
- Master's programs lasting 16 months or more
- Doctoral programs
- Certain professional and eligible programs
Eligibility for spouses of foreign workers is restricted to those employed in:
- NOC 0 or 1 level occupations
- Certain NOC 2 or 3 level occupations in labor shortage sectors or related to government priorities
- These include occupations in the natural and applied sciences, construction, healthcare, natural resources, education, sports, and the military. The official and complete list is available here: Who can apply?
- Note that OWPs for family members belonging to an OWP category provided under a free trade agreement (e.g., OWPs provided by free trade agreements between Canada and Colombia, the Comprehensive Economic and Trade Agreement between Canada and the European Union, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, etc.) or an OWP category for family members of certain permanent residence applicants are not affected by these new measures.
Furthermore, the holder of the closed work permit (principal applicant) must have at least 16 months remaining on their work permit at the time their spouse submits the OWP application. If the closed work permit application and the OWP application are submitted simultaneously, the intended duration of the closed work permit (or its renewal) must be at least 16 months. It is also essential that the principal applicant has a passport valid for more than 16 months, as the validity of a work permit cannot exceed that of the passport. In cases where the passport is valid for less than 16 months, the spouse risks having their OWP application refused, which could jeopardize their temporary resident status in Canada.
Finally, dependent children of foreign workers and international students will no longer be eligible for OWPs.
How might these changes affect your temporary workers?
While OWPs granted under previous provisions still valid will remain valid, and OWP applications submitted before January 21, 2025, will continue to be processed under the previous rules, it is essential to assess now whether these changes will impact you, your employees, or their family members.
Indeed, the inability of your employees to renew their spouse's OWPs could create a retention problem within your company. Similarly, if you hire workers who hold OWPs as accompanying spouses, these changes could affect their eligibility to obtain new work permits to continue working for your company.
It is therefore crucial to not only track the expiration dates of your temporary foreign workers' work permits but also to have an overview of their eligibility to renew these permits. This foresight will allow you to ensure better retention of your employees and thus maintain stability within your workforce.
We recommend establishing an action plan and informing employees likely to be affected by these new measures so that they can prepare accordingly. As an employer of temporary foreign workers, it is also crucial to stay informed about immigration policies to better meet current and future labor needs and comply with regulations.
Possible options for your workers impacted by these changes:
- Family members in Canada who no longer meet the eligibility criteria for OWPs in this category can apply to extend the validity of their open work permit, even after January 21, 2025, if all the following apply:
- They are in Canada.
- Their current work permit is valid for a shorter period than that of the primary applicant due to the expiration date of their passport.
- They have renewed their passport.
- They apply for the extension of their work permit before the expiration of their initial work permit.
- The requested duration for the OWP renewal corresponds to the remaining duration of the closed work permit (primary).
- If they do not plan to work, spouses may be authorized to come or stay in Canada as visitors.
- Subject to current policies, spouses may also be authorized to come or stay in Canada to study.
- Spouses can also apply for another type of work permit if they have a Canadian employer willing to support a closed work permit application.
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