As of January 21, 2025, significant changes are being implemented to the eligibility requirements for open work permits (OWPs) for family members of foreign workers and certain international students in Canada. These changes also impact the eligibility of dependent children, making it crucial for families to stay informed.
At Sobirovs Law Firm, we understand the importance of staying updated on immigration policies. We want to ensure our clients are fully aware of these changes and how they may impact their family members, including their spouse or common law, ability to work in Canada. A common law partner is explicitly included in the eligibility criteria for open work permits, ensuring that both spouses and common law partners are recognized. These changes affect foreign nationals from other countries who wish to obtain legal authorization to work in Canada. Additionally, spouses and common law partners of permanent residents may also be impacted by these updates.
Eligible family members of foreign workers and international students can apply for open work permits, enabling them to work for any employer in Canada. Open work permits allow foreign nationals to work in Canada for any employer and in most occupations without needing a specific job offer. Eligible applicants can apply for an open work permit if they meet the following conditions. However, as of January 21, 2025, the eligibility criteria will change significantly.
Key changes include:
If you apply before January 21, 2025, your application will be processed under the previous eligibility criteria. The process may differ if you are applying from inside Canada.
If you already have an open work permit, it will remain valid until its expiration, and its status will not change.
To be eligible for an open work permit, foreign nationals and their family members must meet updated conditions based on the primary worker’s status and occupation in Canada. The following documents are required to demonstrate eligibility.
Open work permits do not require a Labour Market Impact Assessment (LMIA). Individuals who have submitted an application for permanent residence may also be eligible for an open work permit. A pending permanent residency application can impact eligibility for certain open work permits, such as bridging open work permits and other pathways linked to the application for permanent residence.
Eligibility Requirements:
Both spouses and common law partners of skilled workers may be eligible.
The primary worker must be a skilled worker employed in one of the following categories:
These TEER categories correspond to certain skill levels under the National Occupational Classification (NOC). Eligibility is based on the skill level assigned to the occupation in the national occupational classification system, with TEER 0, 1, 2, and 3 generally considered skilled worker categories.
The primary worker must have at least six months of employment in Canada and at least 16 months remaining on their valid work permit at the time of application.
These changes will significantly impact temporary foreign workers and their families, especially those in lower-skilled occupations. Skilled workers and their spouses or common law partners will benefit from clearer eligibility criteria.
Eligibility Requirements:
The student must be an international student enrolled in a Master’s, PhD, or professional degree program at a designated learning institution in Canada. The student must also hold a valid study permit.
Eligible designated programs include:
The type and duration of the study program at a designated learning institution are important factors for eligibility.
Proof of enrollment (e.g., a valid letter of acceptance or transcript) must be provided by a designated educational institution.
No longer eligible for an open work permit under the new rules. While this change removes a significant benefit for families, it aims to streamline the work permit process.
The application procedure for an open work permit in Canada involves several key steps. An open work permit is a legal document that authorizes foreign nationals to work for any employer in Canada.
Obtaining an open work permit can open up numerous employment opportunities across various sectors in Canada.
When applying for a Canadian work permit, it is essential to provide the following documents to support your application. The documents needed may vary depending on the type of work permit you are applying for and your individual circumstances. Here are some of the common documents required for a Canadian work permit application:
Protected persons are eligible for open work permits and may need to provide documentation confirming their protected person status. Asylum seekers can also apply for open work permits and should include relevant documents supporting their claim. If you are a temporary resident permit holder, you may be eligible for an open work permit and should provide proof of your valid temporary resident permit. A dependent family member, such as a spouse, common-law partner, or dependent child, may need to provide documentation proving their relationship and eligibility for a work permit.
It is crucial to ensure that all documents are accurate, complete, and up-to-date to avoid delays or rejection of your application.
The cost of applying for a Canadian work permit can vary depending on the type of permit and the applicant’s circumstances. Here are some of the common fees associated with Canadian work permit applications:
Fees may also vary for applicants from other countries. Paying the required fees is necessary to obtain legal authorization to work in Canada.
Applicants may also need to demonstrate sufficient funds to support themselves and their family members during their stay in Canada. The amount of funds required varies depending on the applicant’s circumstances, but generally, applicants must show that they have enough money to cover their living expenses, tuition fees (if applicable), and return transportation.
The processing time for Canadian work permit applications can vary depending on the type of permit, the applicant’s circumstances, and the workload of the immigration authorities. Here are some general guidelines on processing times:
The vast majority of foreign nationals seeking employment in Canada require a work permit, making it a crucial step in the immigration process.
Applicants can check the status of their applications online through the Immigration, Refugees and Citizenship Canada (IRCC) website or by contacting the IRCC call center. Permanent residents can also check their application status online to stay updated on their immigration process. It is essential to keep track of your application status and follow up with the immigration authorities if there are any delays or issues with it.
Note: The processing times and fees mentioned above are subject to change, and applicants should always check the official IRCC website for the most up-to-date information.
If your family member is not eligible, alternative options include:
At Sobirovs Law Firm, we specialize in business immigration, immigration law, and work permits for many foreign nationals. Our experienced team provides personalized legal guidance to ensure a smooth application process.
We recommend seeking professional advice for your open work permit or immigration application to improve your chances of success.
Talk to us to assess your eligibility under the new rules, prepare and submit your application under an applicable category, and explore alternative options if you do not qualify for an OWP
For more information or to schedule a consultation, contact Sobirovs Law Firm today!
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