Canada tightens family work permit rules: Key changes for students, workers

Canada is introducing stricter regulations on work permits for the family members of international students and foreign workers, effective January 21, 2025. These changes build on measures announced in September 2024 and determine eligibility for family open work permits (OWPs). The move is likely to impact Indian students and workers in Canada.

 

What are open work permits?  

 

Open work permits (OWPs) allow holders to work across Canada for most employers and in various industries. Unlike employer-specific permits or Labour Market Impact Assessment (LMIA)-based permits (often referred to as "closed" work permits), OWPs are not tied to a single employer or job.  

 

Because of this flexibility, OWPs are popular among newcomers. They also allow in-Canada family members—such as spouses or dependent children—to apply for renewals in line with the sponsoring permit holder’s study or work permit duration.  

 

Key changes to family OWPs  

 

The new rules introduce specific restrictions on family OWPs, particularly for international students and foreign workers:  

 

For international students: OWPs for spouses or common-law partners will now only apply if the student is enrolled in:  

A master’s programme lasting 16 months or more  

A doctoral programme  

Certain professional or eligible programmes (specified by the government)  

 

Before this, spouses were eligible regardless of the duration of the master’s programme.  

 

For foreign workers: Family OWPs will be limited to the spouses or common-law partners of workers employed in Training Education Experience and Responsibilities (TEER) 0 roles. Additionally, the worker must have at least 16 months of validity left on their work permit when their spouse applies.  

 

Dependent children of foreign workers are no longer eligible for family OWPs under the new regulations.  

 

Existing family OWPs issued under previous policies will remain valid until their expiry dates.    "The decision to limit OWPs to spouses of students in master’s programs (16+ months), doctoral programs, or select professional programs may pose challenges for some families. Adjusting to these new requirements could create financial and logistical pressures, highlighting the need for clear communication and tailored support from universities and policymakers, said Saurabh Arora, Founder & CEO, University Living.

 

Exceptions to the rules  

 

Some groups remain unaffected by these restrictions:  

 

< Spouses or partners of workers covered under free trade agreements (FTAs) can still qualify for family OWPs.  

< Spouses or common-law partners being sponsored for permanent residence (PR) by a Canadian loved one can continue to apply for Spousal Open Work Permits (SOWPs), provided they have legal temporary status in Canada.    "The new rules signal a strategic focus on aligning international student policies with labour market priorities, particularly in high-demand sectors such as healthcare, education, STEM, and skilled trades. These changes present new opportunities for students, including those from India, to enhance their post-graduation career prospects while contributing to Canada’s economy," Arora said.

 

Immigration policy changes  

 

The tightened OWP regulations come alongside broader immigration adjustments. In 2025, Canada plans to admit 395,000 new permanent residents, significantly lower than the previous target of 500,000. The annual intake will gradually reduce further, with 380,000 in 2026 and 365,000 in 2027.  

 

For economic immigrants, the government is prioritising sectors like healthcare and skilled trades, aiming to admit 232,150 individuals in 2025 to address labour shortages.  

 

Temporary resident policies are also being updated. The number of study permits issued to international students will decrease to 437,000 in 2025, down from 509,390 in 2023.  

 

These measures reflect Canada's shifting approach to balancing immigration and workforce demands while addressing domestic concerns about capacity and infrastructure.