The Canadian government has introduced new limitations on open work permit (OWP) eligibility for family members of international students and temporary foreign workers. These changes, effective January 21, aim to restrict access to these permits and refine eligibility criteria.
Key Changes to Open Work Permits
1. New Rules for Families of Temporary Foreign Workers
Spouses and common-law partners of temporary foreign workers can now apply for an OWP only if the principal applicant is employed in one of the following categories:
- TEER 0 or 1 occupations under the National Occupational Classification (NOC).
- Specific TEER 2 or 3 occupations in sectors facing labor shortages or linked to government priorities. The complete list of eligible occupations is available on the Immigration, Refugees and Citizenship Canada (IRCC) website.
Additionally, the principal temporary foreign worker must have at least 16 months remaining on their work permit at the time their spouse or partner submits the OWP application.
2. Open Work Permits for Families of International Students
Changes also affect spouses and common-law partners of international students. Under the new rules, an Open Work Permit is only available if the principal international student is enrolled in one of the following programs:
- Master’s programs lasting 16 months or longer
- Doctoral programs
- Select professional and eligible programs
3. Dependent Children No Longer Eligible for Open Work Permits
Previously, dependent children of international students and temporary foreign workers could apply for an OWP. However, as of January 21, dependent children are no longer eligible for these permits.
Exceptions to the New Open Work Permit Rules
While these restrictions significantly limit OWP eligibility, certain exemptions remain in place. Spouses and common-law partners of individuals covered by free-trade agreements or those transitioning to permanent residency are not affected by the new rules.
Alternative Work Permit Options
For those affected by these changes, there may be alternative work permit pathways available. These could include employer-specific work permits, provincial nominee programs (PNPs), or permits under free-trade agreements.
What This Means for Temporary Foreign Workers and International Students
With these new regulations, it is crucial for individuals and families planning to work or study in Canada to evaluate their eligibility carefully. If family members no longer qualify for an OWP, exploring other immigration options may be necessary.
Need Assistance? Given the complexities of these changes, seeking professional guidance can help determine the best options for you and your family. For expert assistance, contact our immigration specialists at ImmigCanada today. The open work permit landscape in Canada is evolving, and staying informed is the best way to ensure a smooth transition for your family.
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