Canada Changes Work Permit Rules

Immigration, Refugees and Citizenship Canada (IRCC) has announced significant changes to the eligibility criteria for open work permits (OWP). The updates affect family members of international students and workers.

The new regulations took effect on January 21, 2025, and are aimed at optimizing programs for temporary residents to better align with Canada’s economic goals and current labor market needs, according to government officials.

Key Changes for Work Permit Eligibility

Spouses of international students enrolled in master’s programs can apply for an OWP only if their program lasts at least 16 months.
Spouses of PhD students remain eligible.
Changes have also been introduced for professional programs.
Spouses of high-skilled foreign workers can apply for an OWP only if their partner holds a work permit in an occupation classified under TEER 0 or 1 of Canada’s National Occupational Classification (NOC).

Spouses of workers in TEER 2 or 3 occupations may apply only if those jobs are in sectors experiencing labor shortages or align with government priorities. These sectors include:
- Natural and applied sciences
- Construction
- Healthcare
- Natural resources
- Education
- Sports and military professions.

Additionally, at the time of the spouse's OWP application, the foreign worker must have at least 16 months remaining on their work permit.

A significant aspect of these changes is the exclusion of dependent children from eligibility for family-based work benefits.

Impact on Existing Permit Holders

Those who currently hold a family-based OWP under previous rules will not be affected—their permits remain valid until expiration. However, family members can only renew their OWP visas if they meet the new criteria. The extension period must match the primary applicant’s current study or work permit.

Exemptions and Alternative Pathways

The new restrictions do not apply to:
- Spouses of workers under free trade agreements
- Those transitioning to permanent residency

IRCC advises family members who no longer qualify under the new criteria to apply for other available work permits under Canada's broader immigration system, provided they meet the necessary conditions.

Concerns and Industry Reactions

The changes have raised concerns in multiple sectors. Some fear that they may discourage potential students from choosing Canada due to family separation risks or financial difficulties if their spouses cannot work.

Certain industries, particularly those dependent on foreign professionals, have mixed reactions. While they support targeted immigration policies to fill skill gaps, they worry about the impact on employee morale and retention when family members are affected.

Criticism and Immigration Policy Debates

Pro-immigration advocates argue that the new rules infringe on foreign workers' rights and call for a more holistic approach that considers family unity as part of immigration policy.

Government officials defend the changes, stating they are necessary to control population growth and maintain program integrity. However, some experts warn that this shifts Canada away from its reputation as a family-friendly immigration destination, which could reduce its appeal to skilled workers.

Economic Impact: Divided Opinions

Economists are divided on the effects of these adjustments:
- Some believe the changes will lead to more efficient workforce selection, reduced underemployment, and increased economic productivity.
- Others fear that reducing the number of working family members could unintentionally lower consumer spending and increase social costs due to family stress and financial instability.

Future Policy Adjustments

The government has promised regular updates and revisions to the program based on feedback and real-world outcomes. This remains one of the most significant updates to Canada’s immigration strategy in recent years, aiming to balance economic needs with sustainable immigration policies.

Related Changes to Express Entry

Previously, Immigration Minister Marc Miller announced that starting Spring 2025, candidates for Express Entry will no longer receive additional points for a job offer.

This temporary measure aims to reduce fraud by eliminating the incentive to sell Labor Market Impact Assessment (LMIA) approvals illegally.

These changes affect candidates seeking permanent residency through Express Entry, including those working temporarily in Canada. However, the changes do not impact those who have already submitted or are in the process of applying.

Minister Miller reaffirmed that immigration remains essential to Canada's economic growth, and the program will continue to evolve.