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Changes to Work Permits for Spouses and Family Members of Temporary Residents: What You Need to Know

Writer's picture: Laura RicaurteLaura Ricaurte

By: Laura Ricaurte and Andrew Carvajal


Earlier this month, the Canadian government finally provided clarity on the long-anticipated changes to open work permits (OWPs) for family members of temporary residents, first announced in September 2024. These changes, effective January 21, 2025, represent a significant shift in how spousal open work permits are handled.


Below, we break down the key updates and what they mean for international students, foreign workers, and their families.


Spouses of International Students


Under the new rules, spousal open work permits will be restricted to spouses of international students enrolled in:


This represents a variation from the policy in effect since April 2024, which permitted spouses of international master’s students to qualify for open work permits regardless of its duration of the master’s program. Under the new rules, eligibility now requires that master’s programs be at least 16 months in duration for the spouse to qualify for an open work permit.


Spouses of Foreign Workers


Spouses of foreign workers will see a substantial tightening of eligibility criteria. Moving forward, spousal open work permits will be available only if the principal applicant:


  • Is employed in a TEER 0 or TEER 1 occupation, as defined by Canada’s National Occupational Classification (NOC), which includes managerial and professional roles; OR

  • Is employed in select TEER 2 or TEER 3 occupations identified as experiencing labour shortages or aligned with government priorities. The full list of these occupation was made available on January 21, 2025, and included occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. [see Appendix B below]

 

In addition, the principal applicant must hold a valid work permit with at least 16 months of remaining validity at the time of the spousal application. This is an increase from the previous requirement of six months.


Suspension of Work Permits for Dependent Children


Another change is the suspension of work permit eligibility for dependent children of foreign workers. While a two-year pilot policy was introduced to address labour market concerns in January 2023 and allow children of foreign workers to work, the government has decided to not extend this option further.


Exemptions to the New Rules


It is important to note that spousal open work permits that were approved under the previous measures and have not expired will remain valid after January 21, 2025.


Also, while the new rules are restrictive, there are critical exemptions that offer alternative pathways for eligible families:


  1. Spouses of Workers Covered by Free-Trade Agreements (FTAs): Spouses of workers in TEER 2 occupations who have a work permit under an eligible FTA, should consider applying under the spousal provisions of FTAs rather than the general spousal open work permit provisions. Some of the treaties with spousal work permit provisions include Canada’s treaties with Colombia, Peru, Korea, CETA, CUKTCA and the CPTPP.

  2. Spouses of Those Transitioning to Permanent Residence: Spouses of principal applicants under federal or provincial permanent residence programs, including those eligible for Bridging Open Work Permits or under provincial nominee programs (e.g., T13 Work Permits), will not be impacted.

  3. Some Work Permit Extensions Permitted: In cases where students require additional time to complete their studies or when family members were issued a work permit with a shorter duration than the principal applicant, eligible family members residing in Canada—including spouses and dependent children—may apply to renew their work permit. To do so, they must meet the same eligibility criteria as their current permit, and the requested renewal period must align with the validity of the principal applicant’s existing study or work permit.


What Does This Mean for You?


The upcoming changes highlight the importance of carefully timing and planning applications for open work permits. If you believe these changes could impact your family, we encourage you to seek legal advice immediately.


As always, we are here to guide you through these transitions and help you find the best strategy for your unique situation.


For any questions or to schedule a consultation, feel free to reach out to us.


Appendix A - Professional Degree Programs and Other Programs Eligible for Spousal Work Permit (Spouses of International Students)


Professional degree programs at a university:

  • Doctor of Dental Surgery (DDS, DMD)

  • Bachelor of Law or Juris Doctor (LLB, JD, BCL)

  • Doctor of Medicine (MD)

  • Doctor of Optometry (OD)

  • Pharmacy (PharmD, BS, BSc, BPharm)

  • Doctor of Veterinary Medicine (DVM)

  • Bachelor of Science in Nursing (BScN, BSN)

  • Bachelor of Nursing Science (BNSc)

  • Bachelor of Nursing (BN)

  • Bachelor of Education (BEd)

  • Bachelor of Engineering (BEng, BE, BASc)


Other participating provincial programs:

Appendix B - TEER 2 and 3 Occupations Eligible for a Spousal Work Permit


TEER 2 occupations

  • 22100 – Chemical technologists and technicians

  • 22101 – Geological and mineral technologists and technicians

  • 22110 – Biological technologists and technicians

  • 22111 – Agricultural and fish products inspectors

  • 22112 – Forestry technologists and technicians

  • 22113 – Conservation and fishery officers

  • 22114 – Landscape and horticulture technicians and specialists

  • 22210 – Architectural technologists and technicians

  • 22211 – Industrial designers

  • 22212 – Drafting technologists and technicians

  • 22213 – Land survey technologists and technicians

  • 22214 – Technical occupations in geomatics and meteorology

  • 22220 – Computer network and web technicians

  • 22221 – User support technicians

  • 22222 – Information systems testing technicians

  • 22230 – Non-destructive testers and inspectors

  • 22231 – Engineering inspectors and regulatory officers

  • 22232 – Occupational health and safety specialists

  • 22233 – Construction inspectors

  • 22300 – Civil engineering technologists and technicians1

  • 22301 – Mechanical engineering technologists and technicians

  • 22302 – Industrial engineering and manufacturing technologists and technicians

  • 22303 – Construction estimators

  • 22310 – Electrical and electronics engineering technologists and technicians

  • 22311 – Electronic service technicians (household and business equipment)

  • 22312 – Industrial instrument technicians and mechanics

  • 22313 – Aircraft instrument, electrical and avionics mechanics, technicians and inspectors

  • 32100 – Opticians

  • 32101 – Licensed practical nurses

  • 32102 – Paramedical occupations

  • 32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists

  • 32104 – Animal health technologists and veterinary technicians

  • 32109 – Other technical occupations in therapy and assessment

  • 32110 – Denturists

  • 32111 – Dental hygienists and dental therapists

  • 32112 – Dental technologists and technicians

  • 32120 – Medical laboratory technologists

  • 32121 – Medical radiation technologists

  • 32122 – Medical sonographers

  • 32123 – Cardiology technologists and electrophysiological diagnostic technologists

  • 32124 – Pharmacy technicians

  • 32129 – Other medical technologists and technicians

  • 32200 – Traditional Chinese medicine practitioners and acupuncturists

  • 32201 – Massage therapists

  • 32209 – Other practitioners of natural healing

  • 42102 – Specialized members of the Canadian Armed Forces

  • 42202 – Early childhood educators and assistants

  • 72010 – Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations

  • 72011 – Contractors and supervisors, electrical trades and telecommunications occupations

  • 72012 – Contractors and supervisors, pipefitting trades

  • 72013 – Contractors and supervisors, carpentry trades

  • 72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers

  • 72020 – Contractors and supervisors, mechanic trades

  • 72021 – Contractors and supervisors, heavy equipment operator crews

  • 72022 – Supervisors, printing and related occupations

  • 72023 – Supervisors, railway transport operations

  • 72024 – Supervisors, motor transport and other ground transit operators

  • 72025 – Supervisors, mail and message distribution occupations

  • 72100 – Machinists and machining and tooling inspectors

  • 72101 – Tool and die makers

  • 72102 – Sheet metal workers

  • 72103 – Boilermakers

  • 72104 – Structural metal and platework fabricators and fitters

  • 72105 – Ironworkers

  • 72106 – Welders and related machine operators

  • 72200 – Electricians (except industrial and power system)

  • 72201 – Industrial electricians

  • 72202 – Power system electricians

  • 72203 – Electrical power line and cable workers

  • 72204 – Telecommunications line and cable installers and repairers

  • 72205 – Telecommunications equipment installation and cable television service technicians

  • 72300 – Plumbers

  • 72301 – Steamfitters, pipefitters and sprinkler system installers

  • 72302 – Gas fitters

  • 72310 – Carpenters

  • 72311 – Cabinetmakers

  • 72320 – Bricklayers

  • 72321 – Insulators

  • 72400 – Construction millwrights and industrial mechanics

  • 72401 – Heavy-duty equipment mechanics

  • 72402 – Heating, refrigeration and air conditioning mechanics

  • 72403 – Railway carmen/women

  • 72404 – Aircraft mechanics and aircraft inspectors

  • 72405 – Machine fitters

  • 72406 – Elevator constructors and mechanics

  • 72410 – Automotive service technicians, truck and bus mechanics and mechanical repairers

  • 72411 – Auto body collision, refinishing and glass technicians and damage repair estimators

  • 72420 – Oil and solid fuel heating mechanics

  • 72421 – Appliance servicers and repairers

  • 72422 – Electrical mechanics

  • 72423 – Motorcycle, all-terrain vehicle and other related mechanics

  • 72429 – Other small engine and small equipment repairers

  • 72500 – Crane operators

  • 72501 – Water well drillers

  • 72600 – Air pilots, flight engineers and flying instructors

  • 72601 – Air traffic controllers and related occupations

  • 72602 – Deck officers, water transport

  • 72603 – Engineer officers, water transport

  • 72604 – Railway traffic controllers and marine traffic regulators

  • 72999 – Other technical trades and related occupations

  • 82010 – Supervisors, logging and forestry

  • 82020 – Supervisors, mining and quarrying

  • 82021 – Contractors and supervisors, oil and gas drilling and services

  • 82030 – Agricultural service contractors and farm supervisors

  • 82031 – Contractors and supervisors, landscaping, grounds maintenance and horticulture services


TEER 3 occupations

  • 33100 – Dental assistants and dental laboratory assistants

  • 33101 – Medical laboratory assistants and related technical occupations

  • 33102 – Nurse aides, orderlies and patient service associates

  • 33103 – Pharmacy technical assistants and pharmacy assistants

  • 33109 – Other assisting occupations in support of health services

  • 43100 – Elementary and secondary school teacher assistants

  • 43204 – Operations Members of the Canadian Armed Forces

  • 53200 – Athletes

  • 53201 – Coaches

  • 73100 – Concrete finishers

  • 73101 – Tilesetters

  • 73102 – Plasterers, drywall installers and finishers and lathers

  • 73110 – Roofers and shinglers

  • 73111 – Glaziers

  • 73112 – Painters and decorators (except interior decorators)

  • 73113 – Floor covering installers

  • 73200 – Residential and commercial installers and servicers

  • 73201 – General building maintenance workers and building superintendents

  • 73202 – Pest controllers and fumigators

  • 73209 – Other repairers and servicers

  • 73300 – Transport truck drivers

  • 73301 – Bus drivers, subway operators and other transit operators

  • 73310 – Railway and yard locomotive engineers

  • 73311 – Railway conductors and brakemen/women

  • 73400 – Heavy equipment operators

  • 73401 – Printing press operators

  • 73402 – Drillers and blasters - surface mining, quarrying and construction

  • 83100 – Underground production and development miners

  • 83101 – Oil and gas well drillers, servicers, testers and related workers

  • 83110 – Logging machinery operators

  • 83120 – Fishing masters and officers

  • 83121 – Fishermen/women

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