Canada restricts Work Permits for Family members of Student and Temporary Foreign Workers

Introduction

In September 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced it would implement work permit restrictions for the family members of foreign students and temporary foreign workers. From the 21^st January, these changes will come into effect and form part of Canada’s larger commitment to reduce their population over the coming years.

Impact:
Medium

What has changed?

From 21^st January 2025, IRCC implemented changes to the working rights of dependant family members of foreign students and temporary foreign workers in Canada.

Changes include the following: 

• • Family Open Work Permits, which allow spouses of foreign students to work for most employers in Canada, will only be granted to spouses of students on Master’s Degree level programmes (with a duration of at least 16 months), and of foreign students on doctoral level programs or selected professional or eligible programs.
  • Spouses of foreign nationals holding permits under the Temporary Foreign Worker Program or International Mobility Program and who are in managerial or professional occupations will be eligible for a Family Open Work Permit.
     
    • The government has published a list of eligible occupations in Training, Education, Experience and Responsibilities (TEER) level 2 and 3 where foreign workers can be employed and the spouse will have work permit eligibility from 21^st January. Previously, there were no restrictions outside of TEER level 4 and 5 occupations.
    • From 21^st January 2025, the foreign worker will be required to have a minimum 16 months remaining on their permit when the spouse applies for the open work permit.
  • Dependant children of international students or temporary foreign workers will no longer be eligible for a family open work permit.

Who is affected and what is the likely impact?

These changes will impact the rights of family members of foreign students and temporary foreign workers in Canada. This may encourage family members to seek alternative pathways to working in Canada or reduce the appeal for the whole family to relocate. It may also impact employers who could struggle to find the talent they need locally for specific roles.

Family members already in Canada with existing Open Work Permits granted under current measures will continue to hold a valid status until the work permit expires. They will be permitted to renew their permits as long as the conditions remain the same as their current permit and the requested renewal duration matches that of the principal applicant’s study or work permit duration.

These changes all form part of Canada’s plan to reduce their population over the coming years, in a bid to ease pressure on local infrastructure. 

What you need to do:

For further information on Canadian Immigration, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.

*This alert is written in collaboration with Sterling Lexicon’s partner law firms and Regulated Canadian Immigration consultants.