Starting January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) will implement new controls on family Open Work Permits (OWPs), thus significantly scaling back who is eligible to obtain an OWP based on a spouse's or common-law partner's study or work authorization. 

It forms part of the broader housing policy by the Canadian government, concerning shortages and affordability of housing. In this regard, it will be very important to understand these updates for families migrating to Canada, and henceforth, crucial to help navigate through the immigration process. Let's look deeper into the details and understand how these adjustments in policies may affect international applicants and their families.

Major changes to Family Open Work Permit 

The Canadian Federal Government Authorities have implemented the following changes to the Family Open Work Permit. 

For International Students:

Spouses or common-law partners will be eligible for OWPs only if the international student is registered in.

• Master's programs of 16 months or longer
• Doctoral programs
• Select professional and eligible programs, such as:
• • Doctor of Dental Surgery (DDS/DMD)
  • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
  • Doctor of Medicine (MD)
  • Doctor of Optometry (OD)
  • Pharmacy (PharmD, BS, BSc, BPharm)
  • Doctor of Veterinary Medicine (DVM)
  • Bachelor of Science in Nursing (BScN, BSN)
  • Bachelor of Nursing Science (BNSc)
  • Bachelor of Nursing (BN)
  • Bachelor of Education (BEd)
  • Bachelor of Engineering (BEng, BE, BASc)
• Former Policy: Under the former policy, spouses of students enrolled in any master's program, regardless of the length of the program, were OWPs.

Foreign Workers:

• Spouses or common-law partners will be OWPs if the foreign worker is working in:
• • TEER 0 occupations
  • TEER 1 occupations
  • Some TEER 2 or 3 occupations in sectors like:
  • Natural and applied sciences
  • Construction
  • Health
  • Natural resources
  • Education
  • Sports
  • Military
• Additional Requirements: The foreign worker must have at least 16 months of the work permit left at the time of applying for the spouse.
• Dependent Children: Children who are foreign workers' dependents will lose eligibility for receiving family OWPs.

Process of renewal for Existing Permits 

Existing OWPs issued under previous policies will be honored until their date of expiration. Beneficiaries in Canada may submit a renewal application for their work permits where the new duration of stay coincides with the valid study or work permit of the sponsoring individual.

Eligible Educational Programs apart from Master’s and Doctorate Level 

The Family Open Work Permit will remain applicable for a spouse or common-law partner of students enrolled in the following programs: 

• Doctor of Dental Surgery (DDS DMD);
• Bachelor of Law or Juris Doctor (LLB, JD, BCL);
• Doctor of Medicine (MD);
• Doctor of Optometry (OD);
• Pharmacy (PharmD, BS, BSc, BPharm);
• Doctor of Veterinary Medicine (DVM);
• Bachelor of Science in Nursing (BScN, BSN);
• Bachelor of Nursing Science (BNSc);
• Bachelor of Nursing (BN);
• Bachelor of Education (BEd); and
• Bachelor of Engineering (BEng, BE, BASc).

Who is Exempted from these changes? 

Spouses and common-law partners of persons who are employing workers under free trade agreements are not affected. In addition, spouses or common-law partners who have a Canadian sponsor for permanent residence may also stay in Canada and apply for a Spousal Open Work Permit, provided they have legal temporary status in the country.

Why these measures are implemented? 

These measures are part of broader reforms the Immigration Minister, Marc Miller, announced in September 2024. The government of Canada has been trying to reduce the intake of temporary residents due to housing supply and affordability issues. By tightening eligibility criteria for family OWPs, the government can regulate the inflow of temporary residents better.

Implications for Affected Families 

These restrictions can be difficult for the family unit planning to migrate to Canada. A spouse or a dependent child may not receive OWP anymore which could result in loss of family income as well as delay family integration into Canadian society.

Conclusion 

The new changes in family Open Work Permits reflect the attempt of Canada to balance immigration with housing and economic considerations. While the government is trying to address the most pressing domestic issues, this could have far-reaching implications for international students, foreign workers, and their families. 

Potential applicants should stay abreast of the changes and incorporate them into planning so that the expectations are set in compliance with the changed circumstances.

For complete details about the upcoming changes in Canada Immigration, reach out to our experts at +91 98961 96762 or [email protected].