The Canadian government has announced major changes to the eligibility rules for Open Work Permits (SOWPs) for family members of international students and foreign workers. Effective January 21, 2025, these changes aim to enhance program integrity and align with Canada’s economic priorities.
What’s New?
1. For International Students:
- Only spouses of students enrolled in specific programs will be eligible for a family Open Work Permit. These eligible programs include:
- Master’s programs with a duration of 16 months or more
- Doctoral programs
- Select professional programs, such as:
- Dentistry (DDS/DMD)
- Law (LLB, JD, BCL)
- Medicine (MD)
- Pharmacy (PharmD, BScPharm)
- Veterinary Medicine (DVM)
- Nursing (BScN, BN, BSN)
- Education (BEd)
- Engineering (BEng, BASc)
- If the student isn’t enrolled in one of these programs, their spouse or common-law partner will not qualify for an Open Work Permit.
2. For Foreign Workers (PGWP or Employer-Specific Work Permits):
Spouses of foreign workers can apply for an Open Work Permit only if the worker:
- Is employed in TEER 0 or 1 occupations, or
- Works in specific TEER 2 or 3 jobs in high-demand sectors such as:
- Natural and applied sciences
- Healthcare
- Construction
- Natural resources
- Education
- Sports and military
Additionally, the foreign worker’s permit must have at least 16 months remaining when the spouse applies. The complete list of eligible occupations will be published on January 21, 2025.
3. Dependent Children:
Under the new rules, dependent children of foreign workers and international students will no longer be eligible to apply for an Open Work Permit.
Key Points on Permit Validity and Renewal
Existing Open Work Permits:
- Open Work Permits issued under the old rules will remain valid until they expire. No immediate changes are required for current holders.
Renewals:
- Family members in Canada can renew their permits if they meet the same criteria as their original permit.
- The renewal duration must match the primary applicant’s permit validity.
Transitioning to New Permits:
- If the main applicant switches from a study permit to a Post-Graduate Work Permit (PGWP), the spouse’s OWP eligibility will depend on new criteria. The PGWP holder must be employed in:
- TEER 0 or 1 occupations, or
- Selected TEER 2 or 3 priority sector occupations.
- Transitioning between work permit types (e.g., PGWP to LMIA-supported work permit) will require spouses to meet the updated OWP criteria effective January 21, 2025.
Impact on Existing Spousal OWPs:
- Spouses currently holding OWPs must reassess their eligibility during renewal.
- If the principal applicant’s permit or employment no longer qualifies, the spouse may lose OWP eligibility upon renewal.
Who’s Not Affected?
Certain groups remain unaffected by these changes:
- Spouses of workers under Free Trade Agreements (FTAs): Provisions in agreements like CUSMA ensure these spouses can still apply for an Open Work Permit.
- Spouses of workers transitioning to Permanent Residence (PR): Families applying under programs like Express Entry or Provincial Nominee Programs (PNPs) won’t be impacted. Spouses in family sponsorship programs will also remain eligible for work permits.
What Should You Do?
- International Students: Confirm if your program qualifies your spouse for a work permit.
- Foreign Workers: Check if your job aligns with TEER 0, 1, or specific TEER 2 and 3 roles, and ensure your work permit meets the 16-month validity rule.
- Current Permit Holders: Plan for renewals carefully, ensuring your family’s permits align with the new rules.
When Do the Changes Start?
The new rules apply to all applications submitted on or after January 21, 2025. It’s crucial to understand how these updates affect you to avoid unexpected complications.
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Disclaimer: This is for informational purposes only and not legal advice. Always consult experts like us or the official IRCC website for up-to-date details.