Canada Announces Changes to Open Work Permit Rules for Family Members of International Students, Foreign Workers

The Canadian Government, through the Immigration, Refugees and Citizenship Canada (IRCC), has announced significant changes to the eligibility criteria for family Open Work Permits (OWPs). The updated rules, released in a press statement on Tuesday, will impact spouses and children of international students and foreign workers in Canada.

New Rules for Family Open Work Permits

Under the revised regulations, only spouses of certain international students and foreign workers will qualify for OWPs. Key changes include:

Eligibility for Spouses of International Students: Under the new rule, spouses can apply for OWPs if the international student is enrolled in one of the following programs: Master’s programs lasting 16 months or longer, Doctoral programs, Select professional or eligible programs specified by the government.

Eligibility for Spouses of Foreign Workers: Spouses of foreign workers may apply for OWPs only if the worker is employed in: TEER 0 (management) and TEER 1 (professional) occupations and specific TEER 2 or TEER 3 occupations in sectors facing labor shortages or aligned with government priorities, including natural and applied sciences, construction, health care, natural resources, education, sports, and military.

Additional Requirements

Foreign workers must have at least 16 months remaining on their work permits when their spouse applies for an OWP. Dependent children of foreign workers are however no longer eligible for OWPs under the new rules.

Exceptions to the New Rules

Despite these changes, certain exemptions and provisions apply: These exceptions include the fact OWPs approved under the previous rules will remain valid until their expiration.

Also, Family members already in Canada, including spouses and dependent children, can apply to renew their work permits if they are applying under the same criteria as their current permit or the requested renewal duration matches the existing study or work permit of the principal applicant.

Spouses of workers covered under free-trade agreements and those transitioning to permanent residency are not affected by these changes.

Impact and Implications

The revised OWP rules pose significant challenges for foreigners in Canada who wish to bring their family members into the country. The stricter eligibility criteria make it more difficult to obtain permits for spouses and nearly impossible to bring in dependent children. These changes could result in prolonged family separations for immigrant families.

By limiting access to OWPs, the Canadian Government aims to address labor market priorities while managing immigration programs. However, the new rules have raised concerns about their potential impact on family unity and the well-being of immigrants residing in Canada.

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