Canada announces changes to open work permit for family members of temporary residents

Immigration, Refugees and Citizenship Canada (IRCC) has implemented new measures affecting open work permit (OWP) eligibility for family members of temporary residents. The changes will come into effect on January 21, 2025, thus meeting the government's immigration, economic and labor market policy objectives for Canada. 

In this blog, I share an analysis of the new government measures and, in addition, I present three case scenarios involving Latin American clients. I invite you to read this complete article so that you are aware of the possible impacts that may affect you. Let's get started.

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What are the new changes?

As part of broader measures introduced in September 2024, Immigration, Refugees and Citizenship Canada (IRCC) will now reserve open work permits for family members to:

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1. Spouses of international students enrolled in:

• Master's degree programs with a duration of 16 months or more.
• Doctoral programs.
• Selected professional and eligible programs.

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3. Spouses of foreign workers employed in:

• TEER 0 or 1 occupations.
• Selected TEER 2 or 3 occupations in sectors with labor shortages or linked to government priorities, such as natural and applied sciences, construction, health care, natural resources, education, sports and military.

Recall that TEER occupations are based on the training, education, experience and responsibilities they require and are identified and categorized according to the National Occupational Classification (NOC) system. TEER 0s include managerial occupations, such as advertising, marketing, public relations, etc. TEER 1s include managerial occupations, such as advertising, marketing, public relations. TEER 1s include occupations that require a college degree in areas such as financial consulting or software engineering. In this official link, you can review the TEER category and the type of job that fits you to identify if you fit in the reserved jobs: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/find-national-occupation-code.html

There are two additional criteria that include the following:

1. The foreign worker must have at least 16 months remaining on his or her work permit when the spouse applies for the OWP.
2. Dependent children of foreign workers will no longer be eligible for open work permits for family members under the new policy.

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Scenarios for customers in Latin America

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The following are case scenarios that may be presented by clients in Latin America. Read carefully which one fits yours:

Case 1: Miguel is a foreign worker in Canada employed as a civil engineer (occupation TEER 1). Ana, a Mexican national, is his wife and had previously planned to apply for an OWP to financially support the family while Miguel works. Under the new rules, Ana is still eligible to apply for an OWP since Miguel's occupation falls within the approved TEER 0 and 1 categories. However, since Miguel's work permit only has 14 months remaining, he will need to extend it first to meet the new criteria.

In this case, the result is that Miguel will apply for an extension of his work permit, and Ana's OWP application will be approved once Miguel's permit is extended to meet the 16-month requirement.

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Case 2: Sofia is Colombian, her husband, Carlos, is pursuing a master's degree in Canada in a two-year program. Sofia plans to stay with him and obtain an OWP. Under the criteria reviewed, Sofia qualifies for a family OWP because Carlos' program meets the 16-month duration requirement. In addition, the duration of Sofia's OWP will be aligned with the validity of Carlos' study permit.

In this case, the result is that Sofia's application would be approved, allowing her to work while Carlos completes his studies.

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Case 3: Juan is from Argentina and his wife, Mariana, is employed in Canada as a supervisor in the hospitality industry, a TEER 2 occupation. However, under the new rules, Mariana's job does not fall into the approved TEER 0, 1, 2 or 3 categories making Juan ineligible for a family OWP.

In this case, the result is that Juan must look for alternatives to obtain a work permit, for example, a specific work permit for employers, so that he can be with Mariana in Canada.

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What are the implications of these changes and next steps?

These changes are expected to better align Canada's immigration policies with the needs of its labor market, focusing on high-demand occupations and skilled labor. While some families may face restrictions, the government offers alternatives, including renewing existing work permits or applying for different types of work permits.

As for the next steps, applicants should keep in mind three key points:

1. Carefully review that they meet the eligibility criteria.
2. Ensure that the principal applicant's work or study permit meets the new requirements.
3. Seek alternative avenues in the event that family OWPs are no longer an option.

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Who will not be affected by these changes?

Spouses of workers who are covered by free trade agreements (FTAs) and those in the process of permanent residency will not be affected by these changes.

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Recommendations for successfully applying for an open work permit in Canada

It is important for Latin American clients to be well informed before the changes in immigration for this year 2025. Our team of advisors at Immiland recommends attending to the following aspects for a successful application:

Gather the necessary documentation and review effective dates. Comply with the eligibility requirements, know the specific deadlines for submitting an application within the established timeframes, and consider professional advice regulated by the ICAC if you have doubts about any of the steps.

At Immiland, we have CICC consultants and attorneys who can help you. If you wish, you can write us to evaluate your case for free or schedule the nearest appointment here.

I hope this topic will help you to clarify your doubts regarding these measures on the open work permit for family members of temporary residents in Canada. Remember that the changes come into effect on January 21, 2025. Thank you for reading. See you in the next blog.

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With love, 

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Immiland