Additional changes to Canada’s immigration policies are rolling in as we settle into 2025. Immigration, Refugees and Citizenship Canada (“IRCC”) has revised open work permit (OWP) eligibility for family members of international students and foreign workers.

Effective January 21, 2025, only spouses of certain international students and foreign workers will be able to apply for an OWP.

For spouses of temporary workers, OWPs will be limited to spouses of foreign workers who are employed in:

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

We are told a that complete list of occupations and sectors with labour shortages will be announced on January 21, 2025.

Additionally, the principal worker must have at least 16-months remaining on their work permit at the time when their spouse applies for the OWP.

Dependent children of foreign workers will no longer be eligible for open work permits. OWPs that were approved under the previous measures and have not expired will remain valid.

For spouses of students, OWPs will also be limited to spouses of international students who are enrolled in:

• master’s programs that are 16 months or longer;
• doctoral programs; or
• select professional and eligible programs including dentistry, law, medicine, optometry, pharmacy, veterinary medicine, nursing, education and engineering. More information on the select professional and eligible programs can be found here.

In situations where students may need more time to complete their program or where family members received a shorter work permit than the principal applicant, in-Canada family members (including spouses and dependent children) may apply to renew their work permit as long as:

• they are applying under the same criteria as the current work permit; and
• the requested duration of the renewal matches that of the existing study or work permit of the principal applicant.

Spouses of workers covered by free-trade agreements such as CUSMA (formerly NAFTA) and those transitioning to permanent residence will not be impacted by these changes.

In order to obtain a work permit, ineligible spouses will need to qualify for one of Canada’s work permit programs on their own merit in order to work in Canada. If they cannot, the spouse will be limited to a Visitor Record, where they can remain in Canada as an accompanying spouse, but will not be eligible to work.

What does this mean for employers?

These changes will be disruptive for a family unit and could mean that the foreign worker is no longer interested in working in Canada at all: a loss for the employer.

Ultimately, it will also mean a smaller pool of eligible workers in Canada.

Employers are encouraged to share information about Canada’s work permit and visitor programs early on in discussions with prospective employees and their families.

More information on the announced changes can be found here.

If you have any questions about these or other recent immigration changes, please contact a Mathews Dinsdale Lawyer.