Jan 14- IRCC Update

Open Work Permits for Spouses Family Members of Temporary Residents: Recent Updates

The Government of Canada has announced significant changes to the eligibility requirements for Open Work Permits for Spouses and family members of temporary residents. These updates, effective January 21, 2025, are part of broader measures to align immigration policies with labor market needs and economic priorities. Here’s a detailed look at what these changes mean and how they may impact families in Canada.

What Are the New Eligibility Criteria?

Starting January 21, 2025, family OWPs will only be available to spouses of certain international students and foreign workers who meet specific requirements.

    • For International Students:
      Spouses will qualify for a family OWP if the student is enrolled in one of the following programs: 

      • Master’s programs that are at least 16 months in duration.
  • Doctoral programs.
    • Select professional and eligible programs (the complete list will be available on January 21, 2025).
  • For Foreign Workers:
    Spouses will qualify if the worker is employed in: 

    • TEER 0 or 1 occupations, which include senior managerial roles or specialized professions.
    • Select TEER 2 or 3 occupations in sectors experiencing labor shortages or tied to government priorities, such as:
      • Natural and applied sciences.
      • Construction.
      • Healthcare.
      • Natural resources.
      • Education, sports, and military sectors.
        Additionally, the foreign worker must have at least 16 months remaining on their work permit when their spouse applies for an OWP.

What About Dependent Children?

Dependent children of foreign workers will no longer qualify for OWPs under these changes. However, they may still apply for other types of permits, such as study permits or visitor visas, depending on their circumstances.

Transition Measures for Existing OWPs

  • OWPs approved under the previous eligibility rules will remain valid until their expiration.
  • Family members currently in Canada can renew their work permits if:
    • They apply under the same criteria as their existing work permit.
    • The requested duration of renewal matches the study or work permit of the principal applicant.

Exceptions to the Changes

Some groups are exempt from the new restrictions, including:

  • Spouses of workers covered by free-trade agreements.
  • Family members of workers transitioning to permanent residence.

Family members who no longer qualify under the new rules may still apply for other types of work permits, depending on their eligibility under Canada’s work permit programs.

The updated rules reflect Canada’s emphasis on targeting labor market needs and prioritizing skilled workers. However, the tightened eligibility may pose challenges for families hoping to work while accompanying a principal applicant.

For employers, these changes may help address critical labor shortages in high-priority sectors while ensuring that resources are allocated to meet economic goals.

How Visaserve Immigration Law PC Can Help

If you or your family members are affected by these changes, Visaserve Immigration Law PC is here to help. Our experienced team can guide you through the updated policies and help you explore alternative work permit options to stay on track with your immigration goals.

Contact us today at info@visaserve.ca or 905-203-2266 for a consultation and ensure you’re fully informed about your best options.

Canada’s evolving immigration policies aim to balance economic priorities with family reunification, but navigating these changes can be complex. Visaserve is committed to making this process seamless for you. Reach out today to safeguard your family’s future in Canada.