New Canadian Work Permit Rules Restrict Job Access for Foreign Students' Spouses

Beginning January 21, 2025, significant modifications to Canada’s Spousal Open Work Permit (SOWP) program will come into effect, presenting new challenges for international students and foreign workers.

These enhancements demand closer scrutiny of eligibility requirements, potentially affecting many families intending to reside and work in Canada. The SOWP program has facilitated spouses and common-law partners of eligible international students and foreign workers to obtain open work permits, allowing them to engage with any employer and contribute to their households financially. This initiative has historically provided essential support for families during their stay in Canada. Under the revised regulations, however, the eligibility criteria for SOWP will become markedly stricter.

For spouses of international students, access to open work permits will now be limited to those enrolled in specific graduate and professional programs—namely, master’s degree programs lasting at least 16 months, PhD programs, and select professional courses like the Doctor of Medicine, Juris Doctor, or Bachelor of Engineering. Consequently, spouses of students in undergraduate or non-qualifying programs will no longer have the opportunity to apply for open work permits, potentially straining the financial resources of many international families.

Similarly, the eligibility of spouses of foreign workers will also undergo substantial re-evaluation. While the previous policy allowed spouses of all foreign workers to pursue open work permits, the new guidelines will restrict this based on the worker's occupation and the duration of their employment. Eligible occupations are now defined by the Training, Education, Experience and Responsibilities (TEER) categories, distinguishing between highly skilled positions—like executives and specialized technical professionals (TEER 0 and 1)—and certain middle-skilled jobs in sectors such as construction, healthcare, and education (TEER 2 and 3).

Importantly, eligibility for the latter will hinge on the job's significance in addressing national labour shortages. Moreover, an additional requirement stipulates that primary foreign workers must have at least 16 months remaining on their work permits at the time of applying for their spouses' work permits. Furthermore, dependent children of foreign workers will no longer qualify for individual open work permits under the new rules.

For those who meet the updated criteria, the application process will involve several key steps. Applicants must first verify their eligibility based on the new regulations and compile the necessary documentation, which typically includes proof of their relationship, evidence of the spouse's work or study status, and any other relevant eligibility documentation. Applications must be submitted online through the Immigration, Refugees and Citizenship Canada (IRCC) portal, with an emphasis on early submission due to anticipated delays resulting from a surge in applications.