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Updates to eligibility for Open Work Permits for Spouses of Foreign Workers

Updated: Jan 21

Effective January 21, 2025, there has been a substantial amendment to which spouses or common-law partners of foreign workers are eligible to apply for an open work permit to work in Canada. As of this date, dependent children are no longer eligible for an open work permit.


Spouses and common-law partners of foreign workers who hold open work permits as of January 21, 2025, can continue to work in Canada based on their existing open work permits. However, they can only apply to extend their existing open work permits if they either qualify under the new rules OR they are only applying to extend their work permit because it was initially issued for a shorter period that that of their skilled worker spouse or common-law partner (for example because of passport expiry).


Spouses and common-law partners of foreign workers who are eligible can continue to apply for their work permits at the same time as their foreign worker spouse.

Update

Change to which spouses of foreign workers are eligible for open work permits

Effective Date

January 21, 2025


High Skilled Foreign Workers


In order for the spouse or common-law partner of a foreign worker to be eligible for an open work permit, the foreign worker must:


  1. have a valid work permit OR a valid work permit approval letter OR authorization to work without a work permit under 186.

  2. the work permit or period of authorized work must be valid for at least 16 months at the time IRCC receives the spouse's open work permit application.

  3. Live or plan to live in Canada while working.

  4. Be employed or will be employed in either a NOC TEER 0 or 1 occupation or an eligible NOC TEER 2 or 3 occupation (see list of eligible occupations below)


Spouses and common-law partners of foreign workers covered by free-trade agreements are not impacted by these changes and remain eligible for open work permits. Further details will be added once IRCC clarifies this exemption.


Spouses or common-law partners who are not eligible:


The spouses and common-law partners of the following foreign workers are not eligible for an open work permit under this category:

  • if the foreign worker is employed in a NOC TEER 4 or 5 occupation

  • if the foreign worker has made a refugee claim that has been referred to the Immigration Refugee Board.

  • if they foreign worker is subject to an unenforceable removal order.

  • if the principal applicant is an international student who holds a study permit (different eligibility rules apply)

  • if the principal applicant is an international student who is working on or off campus (different eligibility rules apply)

  • if the principal applicant has applied for a post-graduation work permit (PGWP) separately from their spouse or common-law partner and a decision has not been made on the PGWP at the time their spouse or common-law partner applies for their open work permit

  • if the foreign worker (principal applicant) is the holder of a spousal open work permit


Low Skilled Workers


The spouses and common-law partners of low skilled workers (NOC TEER 4 and 5) are not eligible for an open work permit under this category.


Economic Applicants for Permanent Residence


The spouses and common-law partners of foreign workers who have applied for permanent residence under once of the following economic immigration programs may be eligible to apply for an open work permit if they meet the eligibility requirements.


The foreign worker/principal applicant must have:

  1. applied for permanent residence under one of the eligible economic permanent residence programs (usually an Acknowledgement of Receipt letter from IRCC is required to prove this).

  2. hold a valid work permit or be approved for a work permit (either employer specific or open but not as the spouse of a foreign worker)

  3. a work permit valid for at least 6 month at the time IRCC receives the spouse's open work permit application.

  4. applied and been approved for a work permit as an applicant for permanent residence under one of the eligible economic permanent residence programs.


Eligible economic permanent residence programs:

  • Agri-Food Pilot

  • Atlantic Immigration Program

  • Canadian experience class

  • Caring for children class or caring for people with high medical needs class

  • Federal skilled trades class

  • Federal skilled worker class

  • Holders of a Quebec Selection Certificate (CSQ) who applied for PR including:

    • Quebec skilled worker class

    • Quebec investors program

  • Home Child-Care Provider Pilot and Home Support Worker Pilot – Direct to PR stream

  • Provincial Nominee Program

  • Rural and Northern Immigration Pilot Program

  • Start-up business class



Eligible NOC TEER 2 and 3 Occupations

  • 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 technicians1

    • 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


Spouses and common-law partners must prove that they are in a genuine relationship at the time of application.


Work permits cannot be issued beyond passport or biometric validity. Check the validity of both before applying and ensure you pay the biometric fees if your biometrics are expiring sooner than the work permit duration being requested.




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