Effective January 21, 2025, the Canadian
government has introduced significant changes to the spousal open work permit
program for temporary residents.
Key changes for spouses of study permit holders:
Alignment with previous regulations: The eligibility
criteria for spouses of study permit holders remain unchanged. Spouses must be
in a relationship with a study permit holder enrolled in
a 16-month or longer master's program,
a doctoral program,
or a designated program.
Designated programs: For a list of
designated programs, please refer to https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html.
New regulations for spouses of work permit holders:
Both the minimum work permit
validity requirement and the TEER eligibility criteria must be satisfied.
Minimum work permit validity: The primary
applicant (work permit holder) must have a valid work permit of at least 16
months remaining.
TEER-based eligibility: Eligibility is
determined based on the National Occupational Classification (NOC) skill level
(TEER) of the primary applicant's occupation:
TEER 0 and 1: Spouses of
individuals in TEER 0 and 1 occupations are eligible for open work permits
regardless of the specific position.
TEER 2 and 3: Eligibility is limited
to specific occupations, such as those in natural sciences, applied
sciences, healthcare, education, sports, and military. A detailed list of
eligible positions will be released on January 21, 2025.
Important considerations for
TEER 2 and 3 occupations:
Many of TEER 2, and 3 positions are Low-wage
occupations:
Many positions in healthcare and education,
such as Early Childhood Educator (ECE) and Healthcare Aide (HCA), are typically
low-wage and often come with 12-month work permits. Therefore,
spouses of individuals in these positions may not meet the 16-month validity
requirement.
TEER 0 and 1 occupations:
While there are numerous occupations in TEER
0 and 1, some examples for foreign workers include:
TEER 0 (Managers): Purchasing Manager,
Marketing Manager, Business Service Manager, Sales Manager, Retail Trade
Manager, Restaurant Manager, Hotel Manager, Customer Service Manager, etc.
TEER 1 (Professional): Financial Advisor,
Financial Officer, Software Engineer, Web Designer, Web Developer, Computer
Engineer, Chiropractor, Registered Nurse, Vocational Instructor, Social Worker,
Religious Leader, Educational Counsellor, Translator, etc.
Additional notes:
For a complete list of NOC codes, please
visit: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/find-national-occupation-code.html#wb-auto-4
Existing open work permits:
OWPs that were approved under the
previous measures and have not expired will remain valid.
In situations where students may need more
time to complete their program or where family members received a shorter work
permit than the principal applicant, in-Canada family members (including
spouses and dependent children) can apply to renew
their work permit as long as
** they are applying
under the same criteria as the current work permit, and
** the requested
duration of the renewal matches that of the existing study or work permit of
the principal applicant
FTA work permits: Spouses of
individuals holding work permits under a free trade agreement are not affected
by these changes.
GS Consulting offers tailored advice for
Canadian immigration and education. The company provides effective guidance
with a focus on immigration-oriented educational pathways.
For personalized assistance, contact GS
Consulting.
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