Introduction
The Canadian immigration landscape is undergoing significant changes in 2025, particularly concerning the Family Open Work Permits (OWPs). These adjustments, effective January 21, 2025, redefine who can qualify for a family OWP, focusing primarily on eligible spouses or common-law partners. This guide aims to provide a comprehensive overview of these changes, explaining what 'eligible spouses only' entails, who remains qualified, and the steps families can take if they no longer meet the new criteria.
Key Takeaways
- Effective January 21, 2025 (5:00 UTC), family OWPs are limited to spouses of certain international students and certain foreign workers; dependent children of foreign workers generally stopped being eligible for new family OWPs under this measure.
- Student-based spouse OWPs now focus on master’s (16+ months), doctoral, and a short list of professional degrees and eligible pilot programs.
- Worker-based spouse OWPs now hinge on the principal worker’s TEER (0–1 automatically; only specific TEER 2–3 codes) and the worker having at least 16 months of authorized work remaining when the spouse applies.
- Applications received before January 21, 2025 are processed under the previous rules, and already-approved permits remain valid until expiry.
- Understanding these changes is crucial for families planning to apply for or extend a family OWP.
Family Open Work Permit Eligibility in 2025
A “family open work permit” is an open work permit issued to certain family members of temporary residents (most often spouses/common-law partners). An open work permit generally lets someone work for most employers in Canada, with some employer restrictions (for example, certain non-compliant employers or certain adult-services businesses).
In 2025, the key change is this: it’s no longer “most spouses and sometimes dependent children.” For many temporary residents, it’s now “eligible spouses only”—and eligibility depends heavily on the principal applicant’s program (student) or job/TEER (worker).
What “Eligible Spouses Only” Means
IRCC’s January 2025 notice explains the policy intent clearly: family OWPs are limited to spouses of certain international students and certain foreign workers.
On the worker side, IRCC’s instructions explicitly add the practical consequence: as of January 21, 2025, dependent children (and their dependent children) are no longer eligible for a new open work permit under this measure when the principal is a high-skilled worker who is not on an eligible PR pathway stream.
Who Counts as a “Spouse” or “Common-Law Partner” for This Purpose
Under IRPR, a “family member” includes a spouse or common-law partner and dependent children (and dependent children of dependent children).
For a common-law partner, IRCC expects proof that you’ve been together in a marriage-like relationship for at least 12 months; IRCC also lists typical evidence (joint lease, shared bills, shared ownership, etc.).
Important: Proof of relationship is critical. Ensure documentation is thorough and aligned with IRCC guidelines to avoid refusals.
What Changed on January 21, 2025
IRCC implemented the “eligible spouses only” approach for family OWPs effective January 21, 2025 at 5:00 UTC.
Grandfathering: Applications Submitted Before the Change
If the family OWP application was received before January 21, 2025, IRCC states it will be processed under the previous criteria. If an open work permit was already approved and hasn’t expired, it stays valid until its expiry date.
If Your Family No Longer Qualifies
IRCC’s notice points out that family members who don’t qualify for a family OWP can still apply for another type of work permit they’re eligible for under Canada’s work permit programs. Related read: Alternatives to a spouse open work permit (LMIA, exemptions, visitor options).
Note: Explore alternative work permit options if your family no longer meets the updated criteria. Consider consulting an RCIC for personalized advice.
Eligible Spouses of International Students in 2025
Starting January 21, 2025, IRCC says a spouse/common-law partner may be eligible for an open work permit if the student has a valid study permit and is in one of the approved categories.
Student Programs That Qualify
- Master’s degree programs of 16 months or longer
- Doctoral degree programs
- Eligible pilot programs (as listed by IRCC, including FMCSP and the Quebec nurse recognition project)
- Specific professional degree programs at a university (IRCC lists DDS/DMD, LLB/JD/BCL, MD, OD, PharmD/BS/BSc/BPharm, DVM)
Extending a Student-Based Spouse Open Work Permit
IRCC also outlines when a spouse/common-law partner may extend an existing open work permit under the student stream. The student must have a valid study permit, be (or be coming to be) physically in Canada while studying, be full-time in a PGWP-eligible program at a DLI, and not be in the last term. The spouse cannot extend beyond the student’s study permit expiry.
Practical Interpretation: What IRCC Is Assessing
- Program type and length: master’s must be 16+ months; doctoral/professional degrees must match IRCC’s listed categories.
- Student status: valid study permit and (for extensions) active, full-time studies under the listed conditions.
- Relationship genuineness: marriage certificate or common-law proof as applicable.
Related read: SOWP for spouses of students: document checklist and refusal-proof evidence.
| Requirement | Details |
|---|---|
| Processing Time | 6-8 months (as of January 2025) |
| Application Fee | CAD $1,365 |
| Language Test Validity | 2 years from test date |
| CRS Score Range | 475-500 (recent draws) |
Eligible Spouses of Foreign Workers in 2025
For spouses/common-law partners of foreign workers, IRCC now separates cases into (1) workers on certain pathways to permanent residence and (2) workers not on those pathways—then applies different family OWP rules.
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Step 1: Is the Principal Worker on a PR Pathway Covered by IRCC’s Measure?
IRCC’s “Who can apply” tool for family members of foreign workers first asks whether the principal has applied for PR through an eligible economic program/pilot or is on a qualifying pathway stream. In these situations, IRCC’s measure may allow spouses and other dependants (not just spouses) to apply—subject to that stream’s requirements.
Key point: the “eligible spouses only” message is most restrictive for workers not on covered PR pathways.
Step 2: If Not on a PR Pathway, Is the Principal Worker “High-Skilled” Under the New Rules?
As of January 21, 2025, IRCC says only select spouses or common-law partners may be eligible when the principal is a high-skilled worker not on an eligible PR pathway. IRCC adds that dependent children (and their dependent children) are no longer eligible for a new open work permit under this measure in that scenario.
The Core Eligibility Test for the Spouse of a High-Skilled Worker (Not on a PR Pathway)
IRCC lists the principal applicant requirements, including:
- having a valid work permit (or equivalent authorization/approval in some cases),
- having at least 16 months of work authorization remaining after IRCC receives the spouse’s application,
- living (or planning to live) in Canada while working,
- being employed (or to be employed) in TEER 0 or 1, or in select TEER 2 or TEER 3 occupations.
TEER 2 and TEER 3: “Select Occupations” Means a Fixed List
IRCC publishes a specific list of eligible TEER 2 and TEER 3 occupation codes for spouse OWPs under this measure. This is not a “case-by-case” guess—your job must match the listed code.
| TEER band | Examples from IRCC’s eligible list | What to do |
|---|---|---|
| TEER 0–1 | Any occupation in TEER 0 or 1 (if other conditions are met) | Confirm your NOC/TEER and document it with an employer letter and duties. |
| TEER 2 | Includes codes such as licensed practical nurses, paramedical occupations, early childhood educators and assistants, many construction/trades supervisors, and many technical occupations (see IRCC list) | Match your duties to the correct NOC code on IRCC’s “select TEER 2” list. |
| TEER 3 | Includes codes such as nurse aides/orderlies, elementary/secondary school teacher assistants, coaches/athletes, many construction trades, and transport truck drivers (see IRCC list) | Confirm your code appears on IRCC’s “select TEER 3” list before you apply. |
Related read: How to choose the right NOC/TEER code (and avoid misclassification refusals).
Status in Canada: The Spouse Still Needs to Be Admissible and in Status
IRCC states the family member must meet general work permit eligibility, be in a genuine relationship, and—if in Canada—have valid temporary resident status, maintained status, or be eligible for restoration.
PGWP Timing Trap
IRCC’s worker-family instructions include a scenario that catches many couples: if the principal is applying for a PGWP but hasn’t received a positive decision by the time IRCC decides the spouse’s work permit, the spouse is not eligible under this measure.
Low-Skilled Workers Not on a PR Pathway
IRCC states that as of January 21, 2025, family members of low-skilled workers who are not on a pathway to PR are not eligible to apply for an open work permit under this measure. However, IRCC describes limited cases where in-Canada family members can apply to extend an existing open work permit (for example, where the family member’s permit was shorter due to passport validity), as long as they apply before it expires.
Action Checklist
- Confirm your eligibility for a family OWP based on the principal applicant’s status.
- Verify your NOC/TEER code matches IRCC’s eligible list for TEER 2/3 occupations.
- Prepare necessary relationship documentation (marriage certificate or IMM 5409).
- Ensure the principal applicant has at least 16 months of authorized work remaining.
- Consider alternative permit options if not eligible under the new rules.
Document Pack: What IRCC Typically Expects
IRCC’s application instructions include concrete examples of proof that officers use to assess spouse/family OWP eligibility.
Relationship Proof
- Marriage certificate, or
- Statutory Declaration of Common-Law Union (IMM 5409), plus strong cohabitation evidence (joint lease, shared bills, etc.).
Principal Status and Remaining Validity (the “16 Months Remaining” Requirement for Many Worker Cases)
- Copy of the work permit (or letter of introduction/authorization where applicable).
- Proof the principal can work in Canada for at least 16 months after IRCC receives the spouse application (typically via permit expiry, LOI dates, or equivalent).
Occupation Proof (TEER/NOC)
IRCC specifically notes that, for many open work permit holders (including PGWP), an employer letter is common proof and should show employment details, occupation, duties, and the NOC/TEER classification (or include the NOC/TEER in a job offer letter).
Important: Accurate documentation is key. Ensure all documents are current and reflect IRCC’s listed criteria to maximize approval chances.
Fees and Filing Basics
For most open work permits, IRCC lists two common fees: the work permit processing fee ($155) and the open work permit holder fee ($100). Always confirm on the official fee list before paying. Official references: IRCC notice on family OWP changes (Jan 2025), IRCC: Help your spouse work (students), IRCC: Family members of foreign workers (eligibility list).
Common Refusal and Delay Reasons Under the 2025 Rules
- Wrong program category (students): assuming any master’s qualifies without confirming the “16 months or longer” requirement.
- Wrong TEER/NOC (workers): claiming TEER 2/3 eligibility without matching the exact code on IRCC’s published list.
- Not enough remaining validity: applying when the principal has less than 16 months of authorized work remaining (in cases where that rule applies).
- Weak relationship evidence: especially for common-law partners without clear 12-month cohabitation evidence.
- Timing around PGWP: spouse applies before the principal has the required approval/eligibility evidence at decision time.
Conclusion
Understanding the 2025 changes to Canada's Family Open Work Permits is crucial for applicants. Ensure all criteria are met, documents are accurate, and explore alternative options if necessary. A proactive approach can prevent delays and refusals, safeguarding your family’s ability to work in Canada. For personalized guidance, consider consulting with an RCIC professional.
Frequently Asked Questions
What does “eligible spouses only” mean for family open work permits in 2025?
It means IRCC limited family OWPs so that, in many cases, only spouses/common-law partners of certain international students and certain foreign workers can apply. For many worker situations after January 21, 2025, dependent children are no longer eligible for new open work permits under this measure.
Which international students can support a spouse open work permit in 2025?
IRCC lists master’s programs of 16 months or longer, doctoral programs, specific professional degree programs (DDS/DMD, LLB/JD/BCL, MD, OD, Pharmacy degrees, DVM), and certain eligible pilot programs.
Which foreign workers can support a spouse open work permit in 2025?
For high-skilled workers not on an eligible PR pathway, IRCC requires (among other things) at least 16 months of work authorization remaining and employment in TEER 0/1 or specific listed TEER 2/3 occupations.
Where do I find the list of eligible TEER 2 and TEER 3 occupations?
IRCC publishes the “select TEER 2” and “select TEER 3” occupation codes directly on its family OWP eligibility page for family members of foreign workers.
Do applications filed before January 21, 2025 use the old rules?
Yes. IRCC states it will continue processing applications received before January 21, 2025 under the previous eligibility criteria, and already-approved permits remain valid until expiry.
Can a spouse extend an existing family open work permit after the 2025 changes?
Sometimes. IRCC describes specific extension scenarios (for example, when the family member’s permit was issued for a shorter period due to passport validity) and requires applying before the current permit expires. Students’ spouses also have specific extension rules tied to the student’s status and study situation.
What documents usually matter most for approval under the new rules?
IRCC’s examples emphasize relationship proof (marriage certificate or IMM 5409), proof of the principal’s status and remaining validity, and strong occupation/NOC/TEER evidence—often via an employer letter describing duties and the NOC/TEER classification.
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Sources: Immigration, Refugees and Citizenship Canada (IRCC), official government publications
