Changes in the Application Process: Open Work Permit to Canada

While the IRRC wants Filipinos to study, work, or live in Canada, it is also steadfast in its resolve to strengthen the integrity of the country’s temporary residents thus effective January 21, 2025, there will be important changes to Open Work Permits (OWPs).

These changes were implemented because Canada wants to take broader steps to improve the efficiency of its temporary resident programs while focusing on the country’s economic priorities. The country sees the significance of aligning OWP with occupations that are available mainly in high-demand sectors.  Given this, the Canadian government’s objective is to ensure that all foreign workers could contribute to sectors where their skills are needed most.

By limiting the eligibility for spouses/partners of international students and foreign workers, the government is seeking to ensure that OWP applicants or family members of temporary residents are not unintentionally competing for jobs in a labor market that’s already facing challenges.

1. Who will be impacted by the changes?

• Family members who want to accompany international students as well as foreign workers, specifically spouses/partners
• They will face stricter requirements when it comes to their applications 
• However, the provisions ensure that those currently holding valid work permits (approved through the old guidelines) are not immediately impacted by the new rules

 

2. What will be the specific changes?

• OWPs for spouses of international students will now be limited to those whose spouse/partner is enrolled in specific academic programs Masteral, Doctorate, , and not merely certificate programs
• This means that if the international students enrolled only in short-term programs or those pursuing certificates, their spouse/partner are NOT ELIGIBLE to apply for OWP under the updated rules

 

3. What are the new Eligibility criteria for Spouses of International Students?

• Master’s Programs: The spouse/partner will be qualified to apply for OWP if the international Student is enrolled in a master’s program that is at least 16 months (1 year and 4 months) in duration
• PhD Programs: Spouse/partner will be qualified to apply for OWP if the international student is enrolled in PhD programs
• Select Professional Programs: Spouse/partner will be qualified to apply for OWP if the international student is enrolled in certain professional programs, depending on program specifics (click link for list of programs)

 

4. What are the new Eligibility criteria for Spouses of Foreign Workers?

• The IRCC has limited the eligibility for spouses/partners of foreign workers to those employed in specific fields.
• Only spouses/partners of workers in occupations classified under the National Occupational Classification (NOC) are qualified to apply for an OWP.
• The specific NOC jobs are as follows:

1. TEER 0 or 1 Occupations: These are typically managerial or professional roles, which require a high level of skill.
2. Select TEER 2 or 3 Occupations: Jobs in sectors experiencing labor shortages or areas that align with Canadian government priorities will also qualify.

IMPORTANT NOTES:

A. Dependent children of foreign workers will no longer be eligible for a family OWP under the new rules

• If your dependent children aren’t Canadian citizens and they want to work in Canada, they must apply for their own work permit
• If your child is not eligible for an open work permit but wants to work in Canada, their employer may have to get a labor market impact assessment (LMIA). An LMIA is a document an employer usually needs to get before they can hire a foreign worker; it allows an employer to hire someone for a specific job

B. The foreign worker (Principal Applicant) must have at least 16 months remaining on their work permit when their spouse/partner applies for the OWP. 

C. Existing Open Work Permits

• Spouses/partners/dependents who hold already approved OWPs under the previous guidelines/rule and have not expired will remain valid, even if the conditions have changed
• 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) can apply to renew their work permit as long as:

* Same Criteria : they are applying under the same eligibility criteria as the current work permit
 
* Duration Match : the requested duration of the renewal matches that of the existing study or work permit of the principal applicant


     5. Who will be exempted and given consideration when it comes to OWP application?

• Spouses of Workers Covered by Free-Trade Agreements: Spouses/partners of foreign workers covered by specific free-trade agreements (e.g., the Canada-United States-Mexico Agreement or CUSMA).  They will not be affected by the new OWP application guidelines, and they will still be eligible to apply for an open work permit.
• Spouses Transitioning to Permanent Residency: If the spouse/partner is in the process of transitioning to permanent residency, they will also be exempt from these new restrictions

 
     6. What are the options?

• If you’re a spouse/partner/dependent of an international student or foreign worker and if you are considering applying for an OWP, it is important that you review the new eligibility criteria so that, on the onset, you will already determine if you are qualified or not.
• If your spouse/partner/parent is enrolled in an eligible program or employed in an in-demand occupation, you may still be able to apply for a family OWP. However, if you no longer meet the criteria under the new rules, you can explore other options, such as applying for a Closed Work Permit (CWP) if you qualify for one under Canada’s general work permit programs.
• * Closed Work Permits is also called ‘Employer-Specific Work Permits’ which allows you to work for a designated Canadian employer for a given period of time at a specific location in a specific industry. Eligible for a CWP are foreign nationals with an LMIA-based job offer (unless LMIA-exempt) from a Canadian employer. Depending on the type of CWP that one is applying for, there may be additional eligibility requirements may apply.
• Remember, if you are a spouse/partner/dependent who will no longer eligible to apply for an OWP under the new guidelines, there are other alternatives as there are other types of work permits, provided you meet the general eligibility requirements for Canada’s work permit programs.

Best advice:

Check out the official Immigration, Refugees and Citizenship Canada (IRCC) website https://www.canada.ca/en/immigration-

refugees-citizenship.html.  Staying informed and prepared is key to navigating these changes successfully.
 
Or you may contact us at CANADIAN IMMIGRATION CONSULTANCY – (mobile: 0917 820 2531, or email us at jayenriquearaneta@canadavisa101.com) , and we can help discover your best options for Work Permits and other Canadian immigration visas. We are a qualified immigration consultant, ready to assist you with our:
 

• Comprehensive consultancy - giving you viable, practical, and affordable service from the initial application to the actual interview and provide advice on visa options, ensuring compliance with immigration laws as we guide you through the application process, in accordance with immigration laws and policie
• Step-by-step and personalized assessment and assistance - we will prep you for interviews with different types of visa officers so you could steer your education or career pathways with so much confidence which will radiate your positivity and genuine intentions of visiting Canada.
• Evaluation - we evaluate your chances of being approved for a visa and help prepare your immigration applications and paperwork, assisting you with preparation of reports, presentations, pertinent documents, and other client deliverables and provide review, technical guidance, and mentoring for any visa application.
• All-inclusive communication and correspondence services – We will help you with obtaining visas or other immigration-related paperwork and processes, give you advice on immigration matters, and provide services such as immigration applications, document processing, and more.
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Whether you want to STUDY, WORK, or LIVE in CANADA, schedule an online appointment by sending us a message in our FB PAGE: Canada Visa 101 | Facebook | mobile: 0917 820 2531, or email us at jayenriquearaneta@canadavisa101.com. check out our website: http://www.canadavisa101.com/