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17 Jan

Canada modifies open work permit eligibility rules for family members of foreign workers

Canada open work permit is not job-specific and lets you work for any employer, except for one on the ineligible list. You may have restrictions listed on your open work permit. If you have a restricted open work permit, your restrictions will be listed on your work permit. 

As part of the broader measures announced in September 2024, Immigration, Refugees and Citizenship Canada (IRCC) is changing open work permit (OWP) eligibility for family members of international students and foreign workers.

Effective January 21, 2025, only spouses of certain international students and foreign workers can apply for a family OWP.

This means the eligibility conditions for Family open work permit are being modified. Family open work permits will be limited to spouses of international students who are enrolled in master’s programs that are 16 months or longer, doctoral programs, or select professional and eligible programs. 

Family OWPs will also be limited to spouses of foreign workers who are employed in TEER 0 or 1 occupations, or select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities. These include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. The full list will be available on January 21, 2025. 

High-skilled occupations are considered to be those in the National Occupational Classification (NOC), Training, Education, Experience and Responsibilities (TEER) category 0,1, 2 or 3. 

In addition, the foreign worker must also have at least 16 months remaining on their work permit at the time when their spouse applies for the OWP. Dependent children of foreign workers will no longer be eligible. The open work permits that were approved under the previous measures and have not expired will remain valid. 

In situations where students may need more time to complete their program or where family members received a shorter work permit than the principal applicant, in-Canada family members (including spouses and dependent children) can apply to renew their work permit. 

However, they need to apply under the same criteria as the current work permit, and the requested duration of the renewal matches that of the existing study or work permit of the principal applicant. 

Going forward, family members who will no longer qualify for a family OWP can apply for any type of work permit they are eligible for under Canada’s work permit programs. 

In December 2024, the Canadian government announced that it would no longer issue work permits at ports of entry. One must apply online for both their original work permit and for an extension. If you leave Canada as a worker on maintained status, you will lose your ability to work when you return. This means you cannot work until your application is approved. 

In April 2024, changes were made in the processing of open work permits for family members of work permit holders in high- or low-skilled occupations. If the applicant said in their application that they are family members of a worker, the officer had to merely record the appropriate category code based on the proof presented in their application that demonstrates the skill level of the principal applicant. 

IRCC officers were not to refuse applications because the labour market impact assessment (LMIA) exemption code is incorrect or the code the applicant provided in their documentary evidence is incorrect.

Source: https://www.financialexpress.com/business/investing-abroad-canada-open-work-permits-rules-for-family-members-of-foreign-workers-modified-3715738/