Canada is implementing new restrictions on the eligibility criteria to obtain open work permits for dependent family members of international students and foreign workers. Effective January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) will limit the issuance of dependent open work permits to only spouses of certain international students and foreign workers.
Key Changes to Eligibility
For Spouses of International Students
Spouses of international students will only be eligible for an open work permit if the international student is enrolled in one of the following programs:
- Master’s programs that are 16 months or longer;
- Doctoral programs; or
- Select professional and eligible programs
For Spouses of Foreign Workers
Spouses of temporary workers will only be eligible for open work permit if:
- The foreign worker is employed in:
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- TEER 0 or 1 occupations, or
- Select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities (the full list of eligible occupations will be available on January 21, 2025).
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- The foreign worker’s work permit must have at least 16 months of validity remaining at the time their spouse applies for an open work permit.
This means that the open work permits will now only be available to spouses of foreign workers in management or professional occupations – and in select jobs in sectors with labour shortages. Prior to this change, the spouses of most foreign workers were eligible for open work permits, regardless of the foreign worker’s occupation and skill level, with limited exceptions. In addition, under the new rules, dependent children of temporary foreign workers will no longer qualify for dependent open work permits.
How will these new changes impact those with existing dependent open work permits?
If you currently hold a valid dependent open work permit that was approved under the previous measures, your work permit will remain valid until its expiry date.
If you are the spouse of a foreign worker who obtained their work permit under a free-trade agreement (i.e., CUSMA etc.) or you are already transitioning to permanent residence in Canada, these new changes will not affect you.
Breaking Down the New Eligibility Rules for Spousal Open Work Permits: A List of Occupations that Qualify
As of January 21, 2025, IRCC limits the eligibility for dependent open work permits to only spouses of certain foreign workers. For your spouse to be eligible for an open work permit, you, as the foreign worker/principal applicant, now must meet the following four (4) requirements:
- You have one (1) of the following:
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- A valid work permit (some exceptions apply);
- An approval for a work permit that hasn’t been issued yet (e., you received a port of entry (POE) letter of introduction); or
- An authorization to work without a work permit (some exceptions apply).
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- Your work permit or authorized work must be valid for at least 16 months after IRCC receives the dependent open work permit application;
- You are living or plan to live in Canada while working;
- You are employed in either:
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- Any high-skilled occupation at the TEER category 0 (management) or 1 (professional) level of the National Occupation Classification (NOC) System; OR
- A select high-skilled occupation at the TEER category 2 or category 3 of the NOC system.
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This marks a significant shift from the previous eligibility criteria, where open work permits were available to dependent spouses and children of most foreign workers regardless of the skill level of their occupations or the length of their work permit (with limited exceptions).
Eligible TEER 2 and 3 Occupations
If you are not in a TEER 0 or 1 occupation, your spouse may still be eligible for a dependent open work permit. This is only if you are employed in one of the following eligible TEER 2 or 3 occupations:
Select High-Skilled Occupations in TEER 2
- 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 technicians
- 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
Select High-Skilled Occupations in TEER 3
- 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
These roles have been identified by IRCC as critical to addressing labour shortages and supporting government priorities. It is important to note that this list of eligible occupations is provided based on the latest information available as of January 21, 2025, and that the list may be subject to change.
For more information on whether your spouse can apply for an open work permit, please contact us.
