Open Work Permit Restrictions for Family Members of Temporary Residents Now In Effect

Key Takeaways 

• Canada’s government plans to reduce the number of temporary residents living in Canada between 2025-2027. As a result, it is restricting family open work permits. 
• Family open work permits for international students studying master’s programs have been further limited.  
• Family open work permits are restricted to the spouses of foreign workers in TEER 0 or 1 occupations or select TEER 2 or 3 occupations linked to labour shortages.  
• Dependent children of foreign workers are no longer eligible for open work permits.

You can read the government announcement here.

Changes to Open Work Permits for Family Members of Foreign Workers 

Changes For Spouses of Temporary Foreign Workers 

Prior to January 21, 2025, the spouses of foreign workers could apply for a SOWP if the principal foreign worker (ie. The one who applied to come to Canada for work) had a work permit that was valid for 6 months in a TEER 0, 1, 2 or 3 occupation. Those in TEER 4 and 5 occupations, except for those issued via certain LMIA streams, were also eligible for a SOWP from January 30, 2023 onwards.  

Temporary Foreign Worker Occupation Eligibility Changes 

From January 21 onwards, spousal open work permits for temporary foreign workers spouses are subject to the following restrictions:

1. The partners of temporary foreign workers in TEER 0 and TEER 1 occupations will remain eligible for open work permits. 
2. Partners of foreign workers in TEER 4 and 5 occupations will not be eligible for a spousal open work permit.
3. Workers in TEER 2 or 3 occupations will only be eligible for an SOWP if their partner (who is the principal applicant for a temporary work permit in Canada) is working in a select occupation that is linked to a labour shortage. These are listed in the expandable tables below: 

Work Permit Duration Changes 

Under previous rules, spouses of temporary workers working in eligible occupations could apply for a SOWP if the principal applicant’s work permit was valid for at least 6 months. This duration requirement will increase to 16 months for all workers from January 21, 2025. This change applies to workers in all occupations, including TEER 0 and 1 occupations.  

Changes For Dependent Children of Temporary Foreign Workers 

Dependent children of temporary foreign workers will no longer be eligible for open work permits from January 21, 2025.  

These changes will not affect the availability of study permits for dependent children.  

Changes for Family Members Currently in Canada Who Need to Extend  

It’s important to note that the change does not affect those who are already living and working in Canada on a spousal open work permit. Your current permit will not be cancelled.  

If you had an open work permit approved under the previous measures and you need to extend, you will be able to so long as you are in-Canada and you’re applying under the same criteria as your current work permit.  

This change covers both spouses and dependent children, so if you are a family member of a temporary worker and you currently have a family open work permit, you should remain eligible for an open work permit for the duration of your partner’s work or study permit.  

However, if that partner applies for a different temporary permit, you will need to meet the new criteria to receive your permit.  

Rules For Spouses of Workers Covered by Free Trade Agreements or on Maintained Status 

Spouses of workers who move to Canada under free-trade agreements (like CUSMA) and those who are on maintained status as they transition to permanent residents are not covered by these changes. These spouses will remain eligible for an open work permit.  

You can learn more about whether you or your spouse may be eligible under a free-trade agreement using the Canadian Government tool available here.  

Further Changes to Open Work Permits for Family Members of International Students 

Canada’s government introduced a flurry of changes for spouses of international students in March and April of 2024. You can see how the measures changed during this time on this page.  

From January 21, 2025, there will be further restrictions that largely impact those planning to study a master’s program in Canada. The change will mean the master’s program must be at least 16 months in duration for the student’s spouse to be eligible for an open work permit.  

Otherwise the spouses of students studying the following programs will remain eligible for a SOWP: 

• Doctoral degrees of any duration;   

• Participating in the Francophone Minority Communities Student Pilot outside Quebec or in a range of provincial programs listed here; or 

• Studying the following program programs: Doctor of dental surgery, medicine, optometry, or veterinary medicine; Bachelor of laws (or JD), pharmacy, science in nursing, nursing science, nursing, education, or engineering.  

What To Do If These Changes Affect Your Eligibility For A SOWP? 

Given that Canada plans to reduce temporary worker numbers this year and through to 2027, these measures may remain in force for several years. You should make your plans on this basis, and then pivot if these rules relax again in the future.  

With that said, as a spouse of a temporary worker in Canada, you may need to consider which work permits you are eligible for independently of your spouse.  

Common immigration pathways include:  

• International Experience Canada.  

• Express Entry.  

• Free-Trade agreements (like USMCA, CETA, and CPTPP).  

• Temporary worker programs.  

For information about which pathways you may be eligible for, check out our online immigration quiz. By answering just a few questions, you can receive information about which pathways you may be eligible for and what the application process looks like via your free Moving2Canada account.  

Register for free to learn more.