In the fall of 2024, the government of Canada announced that the ability for spouses of foreign workers and students to obtain open work permits would be restricted. The government is now implementing certain specific rules in this regard, effective January 21.
Some notable aspects of the new rules to consider are:
- For foreign students, spouses will be entitled to open work permits only if the foreign student is in one of the following:
- A master’s degree program of 16 months or longer
- A doctoral program
- A designated areas of study including, e.g.,
- Medicine, Dentistry, Nursing, Engineering, Law, Optometry, Pharmacy, Veterinary Medicine, Education
- An eligible pilot program
- Outside Quebec: Francophone Mobility Communities Student Pilot
- In Quebec: Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recruté-e-s à l’international
- For foreign workers, spouses will be entitled to open work permits only if the foreign worker is:
- In a TEER 0 or 1 occupation
- Certain TEER 2 or 3 occupations in sectors with labour shortages
- These include occupations in applied sciences, construction, health care, natural resources and others. The full list is to be provided by the government on January 21.
- Other notes:
- For a spouse of a foreign worker to seek an open work permit, the foreign worker must have at least 16 months remaining on their work permit.
- Dependent children of foreign workers will not be eligible for open work permits.
- Holders of open work permits approved under previous rues will continue to be able to utilize their work permits.
- Importantly, the above rules do not apply to spouses of foreign workers covered by free trade agreements or persons transitioning to permanent residence.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.