Open Work Permits for Family Members of Foreign Workers in Canada (2025 Update)

Canada has revised its rules for open work permits (OWPs) available to family members of foreign workers. Effective January 21, 2025, eligibility and application criteria have changed to reflect Canada’s evolving workforce needs and economic priorities. If you have a valid work permit—or are about to start working in Canada—your spouse, common-law partner, and in certain cases, dependent children may be eligible for an open work permit. However, the eligibility requirements depend on your occupation, the type of work permit you hold, and whether you’re on a pathway to permanent residence.

In this blog, we’ll break down the new guidelines in a reader-friendly way, so you can easily determine if your family members qualify. As always, Immigration Nation – Immigration Consultant in Edmonton stands ready to help you navigate Canada’s dynamic immigration system.

1. Key Changes Effective January 21, 2025

1. Fewer Eligible Family Members for High-Skilled Workers
   • Previously, the spouse, dependent children, and grandchildren of a high-skilled worker could apply for open work permits. Under the new rules, only spouses or common-law partners are eligible for an OWP if the principal applicant (the worker) is not on a pathway to permanent residence.
   • Dependent children are no longer eligible for an open work permit under this measure if the principal applicant is a high-skilled worker not on a PR pathway.
2. Low-Skilled Workers
   • If you are a low-skilled worker and not on a PR pathway, your family members can no longer apply for an OWP under this measure. However, those already in Canada with valid OWPs can extend them under specific conditions (detailed below).
3. Validity and Extensions
   • Family members can generally match the length of their work permit to the principal applicant’s, as long as their passport and biometrics are valid for that same period.
   • If your family member has a shorter validity (e.g., due to passport expiry), they can renew their passport and then apply to extend their OWP.
4. PR Pathway Advantages
   • Family members of workers on a permanent residence pathway enjoy broader eligibility. Even low-skilled workers on an eligible PR pathway can secure OWPs for spouses and children.

Pro Tip: If you’re unsure whether your occupation or PR status makes your family members eligible, Immigration Nation – Immigration Consultant in Edmonton can help you assess your situation.

2. Who Qualifies for a Family Open Work Permit?

Eligibility for family member OWPs largely hinges on:

1. Principal Applicant’s Status
   • The principal applicant must hold a valid work permit, have an approved work permit (with a letter of introduction), or be authorized to work in Canada without a permit in certain scenarios.
2. Occupation Type
   • High-skilled occupations: TEER 0 (management), 1 (professional), or selected TEER 2 or 3.
   • Low-skilled occupations: TEER 4 or 5.
   • Whether or not the principal applicant is on a PR pathway influences which family members qualify for an OWP.
3. Work Permit Validity
   • Typically, you need at least 6 months of work permit validity. In some cases (especially for spouses of high-skilled workers not on a PR pathway), you need 16 months.
4. Relationship and Status
   • The family member must be in a genuine relationship with the principal applicant and be any one of the following:
     • Spouse or common-law partner
     • Dependent child (if the principal applicant is on a PR pathway or was an eligible high-skilled worker pre-January 21, 2025)
     • Dependent child of the dependent child (i.e., your grandchild)
   • If they’re applying from inside Canada, they must have valid temporary status or be eligible for a status extension (maintained status).

3. High-Skilled Occupations (TEER 0, 1, Select TEER 2 and 3)

3.1 Occupations in TEER 2

Below is a simplified table of TEER 2 occupations mentioned in the official criteria for spouses/partners of high-skilled workers (not on a PR pathway). If you’re not on a PR pathway and your occupation appears here, your spouse or common-law partner may qualify for an OWP.

(This table is a shortened reference. For the full list, see official IRCC guidelines or consult Immigration Nation – Immigration Consultant in Edmonton.)

3.2 Occupations in TEER 3

Similarly, certain TEER 3 occupations allow spouses/partners to apply for an open work permit if the principal applicant is not on a PR pathway. Common examples:

(Again, refer to IRCC for the complete list or connect with Immigration Nation – Immigration Consultant in Edmonton for tailored advice.)

4. Low-Skilled Occupations (TEER 4 and 5)

• No Longer Eligible (Unless on a PR Pathway): Starting January 21, 2025, family members of low-skilled workers (TEER 4 or 5) who are not on a pathway to permanent residence can’t apply for an OWP under this measure.
• Exceptions for Extension: If a low-skilled worker’s family member is already in Canada on an OWP (issued before the new rules took effect), they may extend that permit—provided it doesn’t exceed the principal applicant’s work permit or passport validity.

5. Workers on a PR Pathway: Who Benefits?

Good news for families: if the principal applicant is on any eligible PR pathway—such as the Agri-Food Pilot, an economic class stream, or certain free trade agreements—more family members (including dependent children) can get an open work permit.

5.1 PR Pathway Requirements

1. The worker must have a valid work permit or an approval in principle for a work permit.
2. The work permit should be valid for at least 6 months beyond the date the family member applies for their OWP.
3. The worker is either:
   • Employed in low-skilled occupations but is on an eligible PR pathway (like the Agri-Food Pilot).
   • Employed in high-skilled occupations and has applied for PR, or is about to apply under an eligible program.

Note: Family members must still meet the basic eligibility rules (e.g., valid status, genuine relationship). If you’re uncertain which PR pathways qualify, Immigration Nation – Immigration Consultant in Edmonton can help clarify.

6. How to Apply for an Open Work Permit (Simplified Steps)

1. Determine Eligibility
   • Check if your occupation (principal applicant) or your PR pathway status allows your family member to apply for an OWP.
   • Ensure the family member meets age and status requirements.
2. Gather Documents
   • Proof of Relationship: Marriage certificate, birth certificate for dependent children, etc.
   • Principal Applicant’s Work Permit: Must show expiry date and occupation if relevant.
   • Proof of PR Pathway (if applicable): e.g., Acknowledgment of Receipt for a PR application.
   • Passport Validity: Ensure your family member’s passport extends beyond the validity needed for the OWP.
3. Submit Application
   • Most applicants must now apply online through the IRCC portal.
   • Include a letter of explanation if your family member’s situation is unique (e.g., partial name changes, prior refusals).
4. Pay Fees
   • Work Permit Processing Fee: CAD $155 (subject to change).
   • Open Work Permit Holder Fee: CAD $100.
5. Biometrics and Medical Exams
   • If required, your family member must provide fingerprints and photos (biometrics).
   • Certain jobs (like childcare or healthcare) may require a medical exam.
6. Wait for Decision
   • Processing times can vary. Track your application online or contact Immigration Nation for help following up with IRCC.

Pro Tip: If you apply together with your family, IRCC will process the principal applicant’s work permit first. If that’s approved, they’ll move on to family members’ OWPs.

7. Extending an Existing Family Open Work Permit

Under the new rules, if your spouse or child already holds an OWP tied to your status, they can often extend it, even after January 21, 2025, if:

1. They’re physically in Canada.
2. Their OWP is valid, but set to expire before your own work permit expires.
3. They apply for the extension before their current OWP expires.
4. Their passport or biometric validity allows for a longer extension.

Scenario Example

• Your work permit is valid until December 2027, but your spouse’s OWP expires August 2026 because their passport expires then. Once they renew their passport, they can request an extension to align with your end date (December 2027).

8. Frequently Asked Questions (FAQ)

Below are 10 common questions about the new OWP rules for family members of foreign workers. If you still need personalized guidance, Immigration Nation – Immigration Consultant in Edmonton can help.

1. What if I applied before January 21, 2025?
   • Applications submitted before this date follow the old criteria. If your OWP was approved under those rules, it remains valid until the expiry date.
2. Are dependent children still eligible if I am a high-skilled worker not on a PR pathway?
   • No. As of January 21, 2025, children of high-skilled workers not on a PR pathway can’t apply for an OWP through this measure. Children must explore other permit options (e.g., study permits).
3. Is there an age limit for dependent children to work in Canada?
   • Each province and territory has a minimum working age (often 14 or 16). The job type also matters. Always confirm local labor laws.
4. Can family members apply for their OWP at the same time I apply for my own work permit?
   • If they meet the eligibility rules, yes. They can submit their applications online together. IRCC will review your (the principal applicant’s) permit first.
5. What if my spouse or child is already in Canada but with visitor status?
   • They can apply to change their status to worker if they fulfill all requirements (e.g., relationship proof, your valid work permit). They must maintain or restore their legal status in Canada.
6. Do I need a Labour Market Impact Assessment (LMIA) to sponsor my family’s OWP?
   • Typically, no. Family members applying under this measure do not require an LMIA, as they’re receiving an open permit.
7. How long can my family member’s OWP last?
   • It usually matches the principal applicant’s permit expiry (unless the passport expires earlier). IRCC won’t issue a permit beyond the principal applicant’s own work permit end date.
8. What if I’m on a low-skilled occupation but also on an eligible PR pathway?
   • Your family members (spouse, children) may still qualify for an OWP if all conditions are met (e.g., you have at least 6 months’ validity on your work permit, you’re living in Canada, etc.).
9. Are post-graduation work permit (PGWP) holders covered by these rules?
   • Yes, if they meet high- or low-skilled criteria and the validity requirement. However, if you haven’t received a positive decision on your PGWP by the time IRCC processes your family member’s OWP, they could face refusal.
10. How can Immigration Nation – Immigration Consultant in Edmonton assist?

• We help evaluate eligibility, organize documents, navigate IRCC’s online system, and advise on extension or restoration issues. With changing rules, having a dedicated RCIC ensures you submit the strongest possible application.

9. Tips for a Successful Family OWP Application

1. Check Passport Validity: Renew passports that are close to expiry; this ensures you can get the full duration of the family OWP.
2. Organize Proof of Relationship: Gather marriage certificates or birth certificates; if common-law, compile joint bills, lease agreements, or affidavits.
3. Include a Cover Letter: A clear, concise explanation of how you meet the new requirements can help the IRCC officer quickly verify eligibility.
4. Stay Updated: IRCC rules evolve. Follow official updates or rely on Immigration Nation – Immigration Consultant in Edmonton for the latest news.
5. Be Thorough: Missing documents or inaccurate information can delay processing or result in refusal.

10. How Immigration Nation – Immigration Consultant in Edmonton Can Help

Navigating these new eligibility rules can be confusing, especially if your family structure is complex, or if you’re juggling multiple immigration pathways. Our team at Immigration Nation offers:

• Tailored Eligibility Assessments: We review your occupation, TEER category, and PR pathway status to confirm your family’s eligibility.
• Document & Application Support: From scanning birth certificates to drafting cover letters, we ensure your application is error-free and complete.
• Strategic Advice: Not sure how to time your spouse’s application or your child’s extension? We guide you each step of the way.
• Status Restoration & Extensions: If a family member’s permit is about to expire, we help with timely renewals or restoration, minimizing gaps in their status.

Contact us at (780) 800-0113 or email [email protected] to book a consultation. You can also visit our office at 9038 51 Ave NW, Suite 206, Edmonton, AB T6E 5X4.

Conclusion

The January 21, 2025 changes to Open Work Permits for Family Members of Foreign Workers mark a significant shift in who qualifies and for how long. Whether you’re a high-skilled professional aiming to bring your spouse or a low-skilled worker pursuing permanent residence, understanding these rules is critical to reuniting—or remaining—with your loved ones in Canada.

While the process may seem daunting, you don’t have to tackle it alone. At Immigration Nation – Immigration Consultant in Edmonton, our mission is to simplify the complexities of Canadian immigration law, so you can focus on building a life here with your family by your side.

Ready to get started? Call us today at (780) 800-0113 or email [email protected] to learn how the updated rules affect your family’s open work permit options.

Disclaimer: The information in this article is accurate as of January 2025 and may be subject to change. Always consult IRCC’s official resources or speak with a licensed immigration consultant for the most current regulations.