Canada has introduced significant changes to the Open Work Permit (OWP) eligibility for family members of temporary foreign workers and international students. As of January 21, new restrictions have been applied to limit access to these permits and tighten the eligibility criteria. These changes are designed to manage the increasing demand for open work permits, and ensure that they are granted in specific circumstances.
In this article, we’ll explore the Canada Open Work Permit for Family Members, including who qualifies, the new eligibility requirements, and what these changes mean for workers and their families.
Key Changes to Canada Open Work Permit (OWP) for Family Members
Starting from January 21, Canada has implemented restrictions on who can access the Open Work Permit for family members of foreign workers and international students. These new rules target specific sectors and job roles within the National Occupational Classification (NOC). Let’s break down these changes in detail:
Changes for Family Members of Temporary Foreign Workers
Previously, family members of foreign workers were granted an open work permit regardless of the type of employment their relative had. However, with the new rules:
- Only spouses and common-law partners of foreign workers employed in TEER 0, 1, 2, or 3 occupations, or in government priority jobs, are eligible for the Open Work Permit.
- TEER 0 includes managerial jobs, while TEER 1 includes professional jobs. TEER 2 and TEER 3 are jobs that typically require a college diploma or apprenticeship training.
Note: A comprehensive list of eligible TEER 2 and TEER 3 occupations can be found on the official Immigration, Refugees and Citizenship Canada (IRCC) website.
Duration of Work Permit for Foreign Workers
A critical requirement to obtain an OWP for family members is that the foreign worker must have at least 18 months left on their work permit when their spouse or common-law partner applies for the OWP. This ensures that the family member’s employment is tied to the worker’s ongoing status in Canada.
Changes for Family Members of International Students
For international students, the eligibility for family member open work permits has become more selective:
- Only spouses or common-law partners of students enrolled in a Master’s program (16 months or more) or a Doctoral program will qualify for the OWP.
- The new rules also apply to professional programs that meet specific criteria, ensuring that the applicants are in recognized educational tracks.
Table: Eligibility for Family Members Based on Student Status
| Type of Program | Eligibility for OWP |
|---|---|
| Master’s Program (16+ months) | Eligible for OWP |
| Doctoral Program | Eligible for OWP |
| Professional Programs | Eligible for OWP |
| Other Programs | Not eligible |
Dependents No Longer Eligible for OWP
Starting January 21, dependent children of foreign workers and international students will no longer be eligible to apply for a family OWP. This means that while children may still be able to study in Canada, they will not be able to work under the OWP system.
Exceptions to the New Restrictions
There are certain exceptions to these new rules:
- Free Trade Agreement Workers: If a foreign worker is covered under a free trade agreement, such as the Canada-US-Mexico Agreement (CUSMA), their spouse or common-law partner will still be eligible for an OWP.
- Permanent Residency Applicants: Family members of foreign workers who are in the process of applying for permanent residency will not be impacted by these new restrictions and can continue to apply for an open work permit.
Why Are These Changes Being Made?
The government’s decision to implement these changes is driven by a few key factors:
- Managing demand: Canada has seen a surge in applications for family member work permits, making it essential to prioritize those who are most likely to contribute to the economy.
- Focusing on high-skill areas: The focus on TEER 0, 1, 2, and 3 jobs ensures that foreign workers in sectors experiencing labor shortages are supported, and their families can contribute to the workforce.
- Streamlining the process: By tightening the eligibility criteria, Canada hopes to make the open work permit process more manageable and prevent abuse of the system.
What Do These Changes Mean for Families and Workers?
These new changes to the Canada Open Work Permit for Family Members will affect many families of foreign workers and international students. While some may no longer be eligible for an open work permit, others will benefit from more specific and targeted eligibility, focusing on high-demand sectors and skilled jobs.
For foreign workers in Canada, it’s important to understand the new eligibility criteria and ensure that their family members meet the requirements. Meanwhile, international students will need to ensure that their programs meet the criteria to allow their spouses or common-law partners to apply for an OWP.
If you are planning to bring your family to Canada under the open work permit system, it’s crucial to stay updated on the latest immigration policies and understand how these changes may impact your situation.
