The Government of Canada has announced significant changes to its Family Open Work Permit (OWP) policies, aimed at tightening eligibility criteria for international students and foreign workers. These new measures, which take effect on January 21, 2025, mark a shift in Canada’s immigration strategy amidst increasing housing and affordability challenges.
Key Changes to Family OWPs for International Students
Revised Eligibility Criteria
Family OWPs for spouses or common-law partners of international students will now be limited to those enrolled in specific programs, including:
- Master’s Programs: Must be at least 16 months or longer in duration.
- Doctoral Programs.
- Professional Programs: Examples include:
- Doctor of Dental Surgery (DDS, DMD)
- Bachelor of Law or Juris Doctor (LLB, JD, BCL)
- Doctor of Medicine (MD)
- Bachelor of Science in Nursing (BScN, BSN), among others.
Impact on Shorter Master’s Programs
Previously, spouses of students enrolled in any master’s program were eligible for OWPs, regardless of program duration. Under the new regulations, only longer programs qualify, potentially reducing the number of family OWPs issued.
Restrictions for Foreign Workers
Occupation-Specific Eligibility
For foreign workers, OWP eligibility for spouses or common-law partners is now restricted to:
- TEER 0 and 1 Occupations: Includes senior management and highly specialized roles.
- Select TEER 2 and 3 Occupations: Only those in key sectors such as healthcare, construction, natural sciences, and education. A detailed list of eligible occupations will be released by IRCC on January 21, 2025.
Validity Requirement
Spouses can only apply for OWPs if the foreign worker’s permit has at least 16 months of validity remaining. Dependent children are no longer eligible for family OWPs.
Broader Implications of the Policy Change
Addressing Housing and Affordability Challenges
These restrictions are part of a broader strategy by Immigration, Refugees and Citizenship Canada (IRCC) to manage temporary resident numbers. Minister of Immigration Marc Miller has highlighted these changes as crucial for alleviating housing pressures and improving affordability across Canada. IRCC estimates the new rules could lead to a reduction of 50,000 to 100,000 family OWPs issued over the next three years.
Exceptions to the Policy
The new restrictions do not apply to:
- Spouses of Workers under Free Trade Agreements (FTAs).
- Spousal Open Work Permit (SOWP) Applicants: Those sponsored for permanent residence with valid temporary status in Canada.
Advantages of Open Work Permits
OWPs are highly sought after due to their flexibility. Unlike closed work permits tied to specific employers or Labour Market Impact Assessments (LMIAs), OWPs allow holders to work for any employer across Canada. This flexibility makes them particularly appealing to newcomers seeking economic stability and career growth.
The new restrictions reflect Canada’s evolving immigration priorities. While these changes aim to balance temporary resident numbers with housing availability, they also create challenges for families of international students and workers. Prospective applicants should consult legal experts and immigration professionals to navigate these updated regulations effectively.
