Significant Changes to Spousal Open Work Permit Eligibility in Canada

What you need to know (Effective January 14, 2025)

On January 14, 2025, Canada made a major announcement regarding the eligibility criteria for Spousal Open Work Permits (SOWPs). The primary reason for tightening SOWP eligibility is labour market optimization. Canada has been facing labour shortages in key industries, and there has been criticism that previous open work permit policies permitted too many family members of low-skilled workers to enter the labour market, leading to oversaturation in non-priority sectors. If you are in a relationship with an international student or foreign worker, these updates could significantly impact your ability to live, work, and settle in Canada. In this blog post, we’ll break down the key changes and explain how they affect you.

What is a Spousal Open Work Permit (SOWP)?

A Spousal Open Work Permit allows the spouse or common-law partner of an international student or foreign worker to work in Canada while their partner holds a valid study or work permit. Unlike employer-specific work permits, an Open Work Permit offers flexibility, as it allows the holder to work for any employer in Canada without needing a Labour Market Impact Assessment (LMIA).

Key Changes to Spousal Open Work Permit Eligibility

As of January 14, 2025, Canada has introduced major changes to the eligibility criteria for Spousal Open Work Permits for both International Students and Foreign Workers. For spouses of International Students under the new SOWP eligibility criteria, only spouses of international students enrolled in specific programs can apply for a SOWP. These eligible programs include:

Master’s Programs of 16 months or longer
Doctoral (PhD) programs
Select professional programs, such as medicine, nursing, law, and engineering

As a result, spouses of students enrolled in shorter or non-professional bachelor’s degrees, diplomas, or certificate programs will no longer qualify for open work permits. This change may discourage many students from bringing their families to Canada or even lead some to reconsider Canada as a study destination.

For spouses of Foreign Workers, they are now subject to much stricter eligibility criteria based on the worker’s occupation. The principal applicant must be employed in:

TEER 0 or 1 occupations (high-skilled roles like executives, professionals, or senior managers) See link here.
Select TEER 2 or 3 occupations in sectors experiencing labour shortages (e.g., healthcare, construction, education, and military)
TEER 4 or 5 roles, such as retail or food service jobs, starting this January 21, 2025, will no longer be eligible. This will particularly impact families in rural areas, where many lower-skilled foreign workers live and work.

Additionally, the foreign worker’s permit must have at least 16 months of validity remaining when their spouse applies for a SOWP.

Who’s Exempt from the New Rules?

The aforementioned eligibility criteria do not include every foreign worker or student that is affected by these changes. The following groups remain eligible for SOWPs:

Spouses of workers under free-trade agreements: Workers covered by agreements like the Canada-United States-Mexico Agreement (CUSMA) are exempt from these restrictions, ensuring that mobility between key trading partners isn’t hindered.
Individuals transitioning to permanent residence: If a foreign worker or student is in the process of becoming a permanent resident, their family members can still apply for open work permits under previous rules.
Renewals and Existing Permits of Open Work Permits approved under the previous rules will remain valid. Additionally, family members who need to renew their work permits may do so under the same criteria as their current permit, with durations aligned to the study or work permit of the principal applicant.

What Does This Mean for You?

These changes present challenges for new applicants. The primary applicant could be the sole income provider for most families forcing families to rely solely on the principal applicant’s income. The impact is particularly significant for international students, who are limited to working just 24 hours per week during academic terms. Also, the revised SOWP eligibility criteria could increase competition for roles in key sectors such as healthcare, engineering, and construction as these do not come with SOWP restrictions.

Solutions are available such as to apply for other types of work permits that require a valid job offer or an approved Labour Market Impact Assessment (LMIA). At Jackson Group-CIS, we provide expert guidance to help you navigate Canada’s ever-evolving immigration policies.