Effective January 21, 2025, Canada will implement new rules restricting the grant of open work permits to spouses of foreign students and foreign workers. These changes follow an announcement by the Canadian government late last year that the ability for spouses to work in Canada would be more limited than in previous years. 

Open work permits approved under previous rules will continue to be valid for use barring any additional changes by the Canadian government. 

Rules for Spouses of Foreign Workers 

Spouses of foreign workers will be entitled to an open work permit only if their position meets certain Training, Education, Experience, and Responsibilities (TEER) thresholds within the National Occupational Classification (NOC) system, which include: 

1. TEER 0 (management) or TEER 1 (university degree) occupation; or 
2. Certain TEER 2 or 3 occupations in labor shortage professions. 

The above rules do not apply to spouses of foreign workers covered by free trade agreements, such as the Cananda-United States-Mexico Agreement (CUSMA), or persons changing to permanent residence.  

Generally, spouses of foreign workers may only seek an open work permit if the foreign worker has at least 16 months remaining on their own work permit. In addition, dependent children of foreign workers are not eligible for an open work permit. 

Rules for Spouses of Foreign Students 

Spouses of foreign students are eligible for an open work permit only if: 

1. The foreign student is in a master’s degree program lasting 16 months or longer; 
2. The foreign student is in a doctoral program; 
3. The foreign student is studying a designated area of study (medicine, dentistry, nursing, engineering, law, optometry, pharmacy, veterinary medicine, education, etc.); or 
4. The foreign national is part of an eligible pilot program. 

Foster will provide additional updates regarding global work authorization and immigration matters via our firm’s website at www.fosterglobal.com.