On January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) implemented significant changes to the eligibility criteria for open work permits for family members of temporary residents. These updates are part of Canada’s ongoing efforts to align immigration policies with labor market needs and ensure clarity and fairness in the system. This blog post will break down the new regulations, the eligibility criteria, and the implications for applicants and their family members.
Key Updates
Dependent Children No Longer Eligible: As of January 21, 2025, dependent children, are no longer eligible to apply for an open work permit under this specific measure. However, existing permits can still be extended under certain conditions.
Eligibility for Spouses and Common-Law Partners: Spouses and common-law partners of high-skilled workers in select occupations remain eligible. The eligibility criteria, however, are now stricter for the principal applicants.
Extension of Existing Permits: Family members already in Canada can extend their open work permits if specific conditions are met. These include ensuring the principal applicant’s permit remains valid for a sufficient period and aligning the extension with family members’ passport validity.
Who is Considered a Principal Applicant (PA)?
A Principal Applicant (PA)Â refers to the individual whose status in Canada allows their family members to apply for open work permits. This includes:
PGWP Holders:Â Individuals who have completed their studies in Canada and hold a Post-Graduation Work Permit.
Work Permit Holders:Â Individuals authorized to work in Canada under various streams, such as employer-specific work permits or open work permits.
Eligibility Criteria for Principal Applicants
For spouses or common-law partners to qualify for an open work permit, the principal applicant must meet the following criteria:
Valid Work Authorization: The principal applicant must have one of the following:
A valid work permit (certain exceptions apply).
Approval for a work permit not yet issued (e.g., a port of entry letter of introduction).
Authorization to work without a permit (certain exceptions apply).
Work Duration: The principal applicant’s work permit or authorized work must remain valid for at least 16 months from the date of the spouse or partner’s application.
Residency in Canada: The principal applicant must reside or intend to reside in Canada while working.
Employment in Eligible Occupations: The principal applicant must be employed in one of the following:
TEER Category 0 or 1:Â High-skilled managerial or professional roles.
Select TEER Category 2 or 3 Occupations:Â These include certain technical and skilled trades across industries like healthcare, engineering, and construction.
Changes in Eligible Occupations
The updated eligibility focuses on specific occupations within TEER (Training, Education, Experience, and Responsibilities) Categories 2 and 3 of Canada’s National Occupation Classification (NOC) system. This includes high-demand roles spanning multiple industries.
This comprehensive approach reflects Canada’s focus on addressing labor shortages in critical areas. The full list of eligible occupations in TEER Categories 2 and 3, which includes roles in healthcare, skilled trades, engineering, and more, is outlined below:
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
Who is Not Eligible
You’ve made a refugee claim that was referred to the Immigration Refugee Board.
You’re subject to an unenforceable removal order.
You’re an international student who holds a study permit.
You’re an international student working on campus or off campus without a work permit.
You’re applying for a PGWP, but haven’t received a positive decision on your application at the time the decision on your spousal work permit application is made.
You hold a spousal open work permit.
Exploring Options for Families Affected by the Changes
The recent changes reflect a shift toward prioritizing specific skilled occupations while limiting eligibility for dependents. Families must carefully assess their circumstances to determine if they meet the updated requirements. While these updates may restrict opportunities for some, there are alternative pathways to remain in Canada and support family unity:
Changing Status to a Visitor: If family members do not meet the criteria for an open work permit, they can consider applying to change their status to a visitor. This allows them to stay in Canada legally while exploring other options, such as job opportunities that meet eligibility requirements.
Exploring Free Trade Agreements: Certain Free Trade Agreements (FTAs), such as CUSMA (formerly NAFTA) or agreements with Colombia and Peru, offer work permit options that are not impacted by these changes. These agreements provide opportunities for professionals, traders, and investors to work in Canada without requiring an LMIA.To learn more about Free Trade Agreements and how they can benefit individuals and businesses, check out our blog post: Unlocking the Benefits of Free Trade Agreements.
Securing Employment with LMIA Support: Spouses and dependents can actively search for jobs where employers are willing to support them with a Labour Market Impact Assessment (LMIA) and a work permit process. This pathway can open new opportunities to work and contribute to Canada’s labor market.
Changing to a Study Permit for the Spouse: If the spouse or partner benefits from pursuing further studies in Canada, they can apply for a Study Permit. This option allows them to enhance their qualifications, gain Canadian education credentials, and potentially work part-time during their studies. After graduation, they may be eligible for a Post-Graduation Work Permit (PGWP), opening additional pathways to permanent residency.
Federal and Provincial Programs: Families may benefit from other immigration programs designed to facilitate work permits, such as the Francophone Mobility Program or pathways under Provincial Nominee Programs (PNPs). These programs often have their own eligibility criteria but provide additional options for those seeking to work and settle in Canada.
Exploring Permanent Residency Options: Both partners can consider permanent residency pathways based on their qualifications, language proficiency, and work experience. Options may include:
Express Entry:Â For those with skilled work experience and language proficiency, the Federal Skilled Worker Program or Canadian Experience Class may be viable pathways.
Provincial Nominee Programs (PNPs):Â Certain provinces offer streams aligned with specific occupations or skills in demand.
By considering these alternatives, including options for studying in Canada or pursuing permanent residency, families can identify viable ways to remain together and maintain their status while aligning with immigration regulations.
How Immigrative Can Help You Navigate the New Changes
Understanding these changes can be complex. If you or your family members are affected by these updates, consulting an immigration professional can provide clarity and ensure you meet the criteria for your application. At Immigrative, we specialize in guiding families through Canada’s evolving immigration policies, helping you achieve your goals with confidence.
Our team of experienced immigration professionals can assist you by:
Scheduling an initial consultation:Â We will understand your unique situation and provide tailored advice on work permits or extensions.
Assessing your eligibility:Â Determining if you meet the criteria for open work permits based on the updated regulations.
Providing guidance on the Principal Applicant requirements:Â Ensuring you fulfill the necessary conditions for your family members to qualify.
Helping you understand eligible occupations:Â Clarifying if your occupation falls under the TEER Categories 2 or 3.
Assisting with applications:Â Preparing and submitting complete and accurate applications for open work permits or extensions.
We are committed to simplifying the process and providing tailored solutions that align with your goals and circumstances. Let us help you confidently navigate these changes and secure your family’s future in Canada.