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    GMS Flash Alert 2025-017

    Canada – Changes to Open Work Permits for Family Members of Temporary Residents

    GMS Flash Alert 2025-017 | January 22, 2025

    Immigration, Refugees and Citizenship Canada (IRCC) has implemented changes to open work permit eligibility for family members of temporary foreign workers and international students.1

    These changes are part of IRCC’s broader measures to reduce the rising number of temporary residents in Canada.  Previously, spouses of most foreign workers were eligible for open work permits, regardless of the foreign worker’s occupation and skill-level, with limited exceptions.  Working-age dependent children of foreign workers also qualified for open work permits.

    As of January 21, 2025, dependent open work permits will only be issued to spouses of certain international students and high-skilled foreign workers. 

    WHY THIS MATTERS

    Many foreign nationals entering Canada are accompanied by working-age dependents, including spouses and children.  The previous Family Open Work Permit rules provided these dependents with the meaningful opportunity to work for any employer across Canada.  This flexibility allowed families to support each other and contribute to the local economy.

    IRCC’s decision to limit open work permit eligibility for family members marks a significant shift in policy. Specifically, dependent children no longer qualify for open work permits, except in limited circumstances.  Many spouses may also face restrictions based on the type of study program their partner is enrolled in or the nature of their partner’s employment.

    For families considering a move to Canada, the ability for all working-age dependents to work freely is a major draw.  The new restrictions may deter some foreign nationals from choosing Canada as their study or work destination. 

    Key Changes

    Changes for Families of Foreign Workers

    Previously, working-age dependent children of foreign workers could apply for a Family Open Work Permit. Dependent spouses of foreign workers in any occupation/role outside of TEER 4 and 5 occupations could also apply for an open work permit. 

    As of January 21, 2025, the following measures are in place:

    1. Family open work permits are limited to only spouses of high-skilled foreign workers who are employed in TEER 0 or 1 occupations or select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities.
    2. These TEER 2 or 3 occupations are in natural and applied sciences, construction, health care, natural resources, sports, and military sectors.  The full list of occupations is available here.  
    3. The foreign worker’s work permit or work permit approval letter must be valid for at least 16 months after IRCC receives their spouse’s open work permit application.  

    Spouses of workers covered by free-trade agreements (e.g., Canada-United States-Mexico Agreement) and those transitioning to permanent residence are not impacted by these changes.

    Dependent children of high-skilled and low-skilled foreign workers no longer qualify for an open work permit. Working-age dependent children of foreign workers who are transitioning to permanent residence can continue to apply for an open work permit.

    Changes for Families of International Students

    Family Open Work Permits are also limited to spouses of international studens who are enrolled in:

    1. Master’s programs that are at least 16 months in duration,
    2. Doctoral programs, or
    3. Select professional and eligible programs.

    KPMG Law LLP Insights

    Impact on Foreign Nationals

    • Foreign nationals who have submitted their spouse’s applications before January 21, 2025, are not being impacted by the new rules.  Open work permits that were approved under the previous rules and have not expired will remain valid.
    • In cases where a spouse may have received a shorter work permit than the principal study or work permit holder (for example, due to passport expiry), the spouse can extend his/her work permit as long as the spouse is applying under the same criteria as his/her current work permit, and the requested duration of the renewal matches the duration of the principal applicant’s existing study or work permit.
    • Individuals who are applying for their family member’s open work permit after January 21, 2025, should review the new eligibility criteria as their spouse or children may no longer qualify.  These individuals’ understanding and acceptance of the new rules could impact their desire or intention to relocate to Canada.

    Impact on Employers

    • Due to a potential narrowing of the available talent pool (which could impact their ability to meet their workforce needs), employers may face challenges in attracting and filling non-managerial or non-professional positions.  Employers may have to rely more on Canadian citizens, permanent residents, or individuals who already possess work authorization.
    • Employers should review their current open-work-permit-holder population as there may be employees who may not be able to renew their work permits under the new rules.  By identifying these individuals, employers can determine the appropriate path forward for them, fostering compliance with the new rules while also supporting their workforce.
    • Many employers are finding it beneficial to conduct a strategic review of their open-work-permit population to identify current workforce capabilities, forecast future labor needs, and adapt their hiring strategies accordingly.  By proactively evaluating their foreign worker demographics, employers can better prepare for the evolving immigration landscape and support maintenance of a robust talent pool to meet their business demands.

    Assistance

    Individuals who have questions or concerns about the new measures are encouraged to contact their usual immigration counsel or KPMG Law LLP (see the Contacts section) for further guidance. 

    FOOTNOTE:

    1  Immigration, Refugees and Citizenship Canada, "Changes to open work permits for family members of temporary residents" (January 14, 2025).

    Contacts

    graeme-black
    Graeme Black

    Partner, Canadian Immigration, KPMG Law LLP

    KPMG in Canada

    Aamir Talati
    Aamir Talati

    Manager

    KPMG in Canada

    Amira Zubairi
    Amira Zubairi

    Associate, Canadian Immigration, KPMG Law LLP

    KPMG in Canada

    Additional Resources

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    Disclaimer

    * Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

    The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

    GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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