IRCC to implement restrictions on family Open Work Permits in January 2025

The government of Canada is now implementing greater restrictions on work permits for family members of international students and foreign workers, after having first announced these changes in September of 2024.

Effective January 21, 2025, family open work permits (OWPs) for international students will be restricted to the spouses or common-law partners of students currently enrolled in

Master’s programs that are 16 months or longer in duration;
Doctoral programs; or
Select professional and eligible programs (listed below).

Prior to this change, a master's program did not have to be 16 months or longer in duration in order for the student's spouse to be eligible for a SOWP.

In addition to this, family OWPs for foreign workers will be limited to spouses or common-law partners of those working in

Training Education Experience and Responsibilities (TEER) 0 occupations;
TEER 1 occupations; and
Select TEER 2 or 3 occupations* in:
- Natural and applied sciences;
- Construction;
- Healthcare;
- Natural resources;
- Education;
- Sports; and
- Military sectors.

*A full list of eligible TEER 2 and 3 occupations will be published by IRCC on January 21, 2025.

For spouses of foreign workers to be eligible under these rules, the foreign worker must have at least 16 months remaining validity on their work permit when their spouse applies.

Dependent children of foreign workers will no longer be eligible for family OWPs.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

Ability to renew

OWPs for family members that were issued under previous measures and have not yet expired will continue to remain valid.

In situations where a spouse may be given a shorter work permit than the sponsoring study or work permit holder (under a previous family OWP policy), in-Canada family members (including spouses and dependent children) can apply to renew their work permit as long as the requested duration of the renewal matches the duration of the existing study or work permit of the sponsoring permit holder.

Which educational programs outside of the master's or doctoral level can students enroll in and still receive a family OWP?

Outside of studies at the master's or doctoral level, students in the following programs can continue to receive a family OWP for their spouse or common-law partner:

Doctor of Dental Surgery (DDS DMD);
Bachelor of Law or Juris Doctor (LLB, JD, BCL);
Doctor of Medicine (MD);
Doctor of Optometry (OD);
Pharmacy (PharmD, BS, BSc, BPharm);
Doctor of Veterinary Medicine (DVM);
Bachelor of Science in Nursing (BScN, BSN);
Bachelor of Nursing Science (BNSc);
Bachelor of Nursing (BN);
Bachelor of Education (BEd); and
Bachelor of Engineering (BEng, BE, BASc).

In addition, spouses of students in the following programs may also be eligible for a family OWP:

Province or territory	Program name	Eligibility period
Outside of Quebec	Francophone Minority Communities Student Pilot (FMCSP)	From August 26, 2024
Quebec	Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recrutés à l’international	From April 30, 2024
Ontario	Supervised Practice Experience Partnership	From January 21, 2025
Manitoba	Nurse Re-Entry (Red River College Polytechnic)	From January 21, 2025
British Columbia	- Internationally Educated Midwives Bridging Program (The University of British Columbia) - Canadian Pharmacy Practice Program (CP3) (The University of British Columbia) -Post-Degree Diploma: Nursing Practice in Canada (Langara College)	From January 21, 2025

Who is not impacted by these changes?

Spouses and common-law partners of workers covered by free trade agreements (FTAs) are not impacted by these changes. In addition, spouses or common-law partners who are being sponsored by their Canadian loved one for permanent residence (PR), may continue to apply for a Spousal Open Work Permit (SOWP) if they already have legal temporary status in Canada.

Part of a wider suite of measures

Immigration Refugees and Citizenship Canada (IRCC) first announced their intention to limit OWPs available to spouses and common-law partners of international students and foreign workers in September of 2024. At the time of the announcement, Miller stated that he predicted that changes to the eligibility criteria of family OWPs for international students and foreign workers to result in a reduction of 50,000 and 100,000 fewer permits issued over the next three years, respectively.

At a press conference held at the time, Minister of Immigration Marc Miller announced his intention to limit family OWPs for students and foreign workers in the country. This change was announced alongside other sweeping reforms to Canada’s immigration system, aimed specifically at reducing the number of temporary residents (study and work permit holders) in the country to better deal with housing supply and affordability concerns.

As part of this wider initiative, IRCC has implemented targets for work permit holder landings under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP)—the latter of which includes family OWPs—in the country's annual Immigration Levels Plan. Targets for work permit holders under each program are listed below:

Work permit type	2025	2026	2027
International Mobility Program (IMP)	285,750	128,700	155,700
Temporary Foreign Worker Program (TFWP)	82,000	82,000	82,000
Total	367,750	210,700	237,700

In a further measure to reduce the number of IMP work permit holders in the country, IRCC has also implemented greater restrictions on Post-Graduation Work Permit (PGWP) eligibility, based on the date that a student applies for their study permit.

In addition to implementing language proficiency requirements for all new graduates, IRCC now requires that some students who have applied for their study permit after November 1, 2024, meet field of study requirements—based on their level of study. These changes are summarised in the tables below:

PGWP Eligibility requirements (Study permit application submitted before Nov. 1, 2024):

Level of study	Language requirements	Field of study requirements
University bachelor’s, master’s or doctoral programs	English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.	N/A
University programs not listed above	English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.	N/A
College program or non-university program	English or French language proficiency equivalent to a level 5 CLB/NCLC in all four language abilities.	N/A

PGWP Eligibility requirements (Study permit application submitted after Nov. 1, 2024):

Level of study	Language requirements	Field of study requirements
College bachelor's degree programs	English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.	N/A
University bachelor’s, master’s or doctoral programs	English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.	N/A
University programs not listed above	English or French language proficiency equivalent to a level 7 CLB/NCLC in all four language abilities.	Must have graduated from an eligible field of study.
College program or other non-university program	English or French language proficiency equivalent to a level 5 CLB/NCLC in all four language abilities.	Must have graduated from an eligible field of study.

The advantages of an OWP

Canadian OWPs allow holders to work anywhere in Canada and for most employers in most industries.

In addition, the duration of validity of an OWP is usually pre-determined and not tied to specific employment, unlike employer-specific or Labour Market Impact Assessment (LMIA)-based work permits—which may more broadly be referred to as “closed” work permits.

For these reasons, OWPs tend to be more highly sought after by newcomers than closed work permits.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm