Canada tightens Open Work Permit rules for temporary residents’ families

An interior image of students walking in a Fanshawe College hallway. CREDIT: GRACIA ESPINOSA
Canada announces changes to Open Work Permits for family members of temporary residents.

On Jan. 14, the Canadian government announced new rules significantly altering the eligibility for Open Work Permits (OWPs) for family members of international students and temporary foreign workers. These changes, effective Jan. 21, are part of a broader effort to address growing concerns about housing affordability and resource pressures linked to the rising number of temporary residents in Canada.

Under the updated regulations, spouses of international students will only be eligible for OWPs if the student is enrolled in specific programs. These include master’s degrees lasting 16 months or longer, doctoral programs, and select professional degrees such as medicine (MD), dentistry (DDS/DMD), engineering, and nursing (BScN). Spouses of students in other programs will no longer qualify for OWPs. This represents a significant narrowing of eligibility compared to previous policies.

For foreign workers, OWP eligibility is now restricted to spouses of individuals employed in high-demand fields, including healthcare, construction, education, and natural resources. The principal worker must be classified under Training, Education, Experience, and Responsibilities (TEER) categories zero or one, or specific TEER two or three roles aligned with labour market priorities. Additionally, the foreign worker’s permit must be valid for at least 16 months at the time of the spouse’s application. Dependent children of foreign workers are no longer eligible for OWPs under the new criteria.

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Existing OWPs issued under previous rules will remain valid until their expiry date. Family members already in Canada can apply to renew their OWPs if they meet the conditions of their current permits. However, renewals must align with the validity period of the principal applicant’s permit.

Some exemptions remain. Spouses of workers covered under free-trade agreements and those transitioning to permanent residency will continue to qualify for OWPs. These exemptions reflect the government’s commitment to maintaining specific international contracts and labour market needs.

The government’s decision stems from a need to balance economic growth with the capacity of infrastructure and public services. In 2023, temporary residents comprised 6.2 per cent of Canada’s population. The new policies aim to reduce this proportion to five per cent over the next three years, equating to a 20 per cent decrease in temporary residents. Officials argue that these measures are necessary to ensure sustainable growth while addressing housing and resource pressures.

Despite the government’s rationale, various groups have criticized the changes. Advocacy organizations and employers warn that restricting OWPs for family members could make Canada less appealing to international talent. Many families rely on these permits to offset the high living costs in Canada, and the new rules may add financial and logistical challenges for those planning to relocate.

The government encourages affected individuals and stakeholders to review the updated criteria and plan accordingly. These changes mark a significant shift in Canada’s approach to temporary residency, reflecting a balance between welcoming newcomers and addressing domestic concerns. As the new rules take effect, they are expected to have widespread implications for international students, foreign workers, and the Canadian labour market.

For more information on these changes, visit the Government of Canada’s immigration website.