On January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) rolled out changes to the eligibility rules for open work permits (OWPs) available to family members of international students and foreign workers. These reforms tighten access, particularly affecting spouses and dependent children, and reflect a shift toward aligning immigration policy with labour market priorities. Below is an in-depth guide to what’s new, who is impacted, and how to adapt your plans accordingly.

Key Changes at a Glance

  • Only spouses (not dependent children) are eligible for family OWPs under the new regime for foreign workers.
  • Spouses of international students must be in certain approved programs (e.g. master’s of at least 16 months, doctoral, or eligible professional programs).
  • Spouses of foreign workers must be employed in TEER 0 or 1 occupations, or select TEER 2 or 3 roles in sectors facing labour shortages (e.g. natural sciences, construction, health, education).
  • The principal foreign worker must have at least 16 months remaining on their work permit when the spouse applies.
  • Spouses or dependents applying before January 21, 2025, or whose OWPs were already approved (and unexpired) under the old rules, remain valid.
  • Applicants in occupations under free-trade agreements or those transitioning to permanent residence are generally exempt from these new limits.

Who Is Affected?

These changes primarily impact:

  • Spouses or common-law partners of international students and foreign workers who do not meet the new program or occupation thresholds.
  • Dependent children of foreign workers, who will no longer be eligible for open work permits under the 2025 rules.
  • Individuals planning to apply after January 21, 2025, must carefully assess whether their relationship to a student or worker still qualifies under the stricter criteria.

Why the Shift in Policy?

IRCC’s changes are part of broader measures announced earlier to manage the growing number of temporary residents and pressure on housing, infrastructure, and labour markets.The goal is to more precisely target open work permit access toward families where the principal applicant is in programs or occupations that align with Canada’s economic and labour priorities.

Practical Tips & Strategies

  1. Check your program or occupation’s eligibility: Use IRCC’s published TEER and program lists to confirm whether your spouse’s job or your study program qualifies.
  2. Time your application carefully: Submit your spouse’s open work permit application before January 21, 2025, if possible, under the older (broader) criteria.
  3. Plan for renewals ahead: Some spouses who received OWPs under the old criteria may no longer qualify on extension under the new rules.
  4. Explore alternative work permit streams: If you don’t qualify for a spousal OWP, you may pursue jobs that qualify for employer-specific work permits, provincial streaming, or permanent residence paths.
  5. Monitor for exemptions: Spouses in free-trade agreement streams or permanent residence applicants may remain exempt from new restrictions.

What to Do If You’re Impacted

If you or your spouse no longer qualify under the new rules, consider these steps:

  • Explore employer-specific work permits where a job offer exists.
  • Seek pathways to permanent residence sooner, if eligible.
  • Consult with immigration counsel or advisers early to assess next best options.
  • Plan for potential gaps in legal work eligibility and ensure compliance with status maintenance in Canada.

The January 21, 2025, policy changes mark a significant shift in how Canada governs open work permits for family members of international students and foreign workers. While they narrow the pool of eligibility, careful planning and proactive filing can still preserve opportunities for many families. Understanding the new rules, timing correctly, and weighing alternative pathways are key during this transition.

Frequently Asked Questions

Will my Spouse’s Currently Valid Open Work Permit Remain Valid Under the New Rules?

Yes. If your spouse’s open work permit was approved under the older eligibility criteria and is still unexpired, it remains valid and unaffected by the new changes.

Are Dependent Children of Foreign Workers Now Eligible For Open Work Permits?

No. Under the changes effective January 21, 2025, dependent children of foreign workers are no longer eligible for open work permits.

Do These Changes Affect Spouses of Students and Workers Transitioning to Permanent Residence?

Generally, spouses in free-trade agreement streams or those transitioning to permanent residence are exempt from these new restrictions.