IRCC to Introduce New Restrictions on Family Work Permits in 2025

Starting January 21, 2025, Canada will impose stricter rules on work permits for the family members of international students and foreign workers. These changes, first announced in September 2024, will primarily affect the eligibility for open work permits (OWPs) for spouses and common-law partners.

Under the new regulations, family open work permits for international students will only be available to the spouses or common-law partners of students enrolled in certain programs. These include Master's programs that are 16 months or longer, Doctoral programs, and a few select professional programs such as Dental Surgery, Law, Medicine, Optometry, Pharmacy, Veterinary Medicine, Nursing, Education, and Engineering. Previously, there were no length restrictions for Master's programs to qualify for family OWPs, but under the updated rules, only programs lasting at least 16 months will be eligible for family work permits.

Additionally, family work permits for foreign workers will be restricted to spouses and common-law partners of individuals employed in specific job categories. These include high-demand sectors such as healthcare, construction, natural resources, and education, as well as jobs in management and technical roles under the Training, Education, Experience, and Responsibilities (TEER) 0 and TEER 1 categories. Some TEER 2 and TEER 3 occupations in select fields will also qualify, though a full list will be made available by Immigration, Refugees and Citizenship Canada (IRCC) when the changes take effect in January 2025.

For a foreign worker’s spouse to be eligible for a work permit, the worker must have at least 16 months remaining on their work permit when the application is submitted. This change will also affect dependent children, as they will no longer be eligible for family open work permits under the new rules.

However, those who have already been issued work permits under the previous regulations will not be affected by these changes as long as their permits remain valid. In cases where the work permit holder’s permit is shorter than expected, family members, including spouses and dependent children, can still apply for a permit renewal, provided the renewal duration matches the work or study permit holder’s.

The new regulations do not affect all applicants. Spouses or common-law partners of foreign workers covered by free trade agreements (FTAs) are exempt from these changes, as are those who are already in Canada with temporary legal status and are being sponsored by their Canadian spouse or partner for permanent residency.

This policy change is part of a broader initiative aimed at reducing the number of temporary residents in Canada, a response to concerns over housing affordability and supply. Minister of Immigration Marc Miller noted that these changes could lead to a reduction of 50,000 fewer family work permits for international students and 100,000 fewer permits for foreign workers over the next three years.

Open work permits (OWPs) offer greater flexibility than employer-specific permits, as they allow holders to work anywhere in Canada and with most employers. This makes them highly sought after by newcomers, as they are not tied to a particular job or employer.