On January 14, 2025, IRCC published the changes to open work permits for family members of international students and foreign workers, which will take effect on JANUARY 21, 2025.

Who is eligible for an open work permit (OWP)?

Prior to this announcement, family members (spouse and dependent children) of certain international students and foreign workers were eligible to apply for an OWP. As long as a study/work permit is valid, and certain criteria is met, the dependents would be able to apply for an open work permit.

Now, stricter measures have been put in place. ONLY SPOUSES of international students and foreign workers will be granted an open work permit. Dependent children are no longer eligible for an open work permit. Furthermore, the following requirements must also be met:

The international student must be enrolled in a master's program of 16 months or longer, or a doctoral program, or select professional/eligible programs listed below. The master's program duration (16 months) is a notable update.

• Professional 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)
  • Bachelor of Engineering (BEng, BE, BASc)
• Pilot program: Francophone Minority Communities Student Pilot

The foreign worker must be employed in a TEER 0 or 1 occupation; or select TEER 2 or 3 occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. IRCC will publish a full list of eligible occupations on January 21, 2025. Also, the foreign worker's work permit must have at least 16 months remaining validity when the spouse applies for OWP.

Note: This means that spouses of workers under the low-wage LMIA stream will not be eligible for an OWP due to the WP validity requirement (temporary workers in a low-wage position can only be hired for a maximum of one year).

 

These changes will take effect on January 21, 2025, and would only affect new OWP applications. Previously approved or currently valid OWP are unaffected.

Renewals for family members (1) of students who needs more time to complete their program or (2) who received shorter validity than the principal applicant - would be considered as long as they apply in the same criteria and the aim is to syncronize the validity of the principal and dependents' permits.

The follwoing will NOT be affected by these changes: spouses of free-trade agreement (FTA) workers, and bridging open work permit (BOWP) holders.

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Disclaimer: Please note that Canadian immigration laws and regulations are subject to change. The information provided in this article is intended for general guidance and may not reflect the most current legal developments at the time of your application. We strongly recommend consulting official government resources or seeking advice from a qualified legal professional before making any decisions or taking action based on the content of this article.

For personalized legal guidance, please email us me [email protected] or visit our website to book a consultation.

Sources: IRCC Notice