Effective January 21, 2025, Canada Implemented New Open Work Permit Rules for Spouses and Common-Law Partners of Foreign Workers
In a significant update to Canada’s immigration policy, Open Work Permits for spouses and common-law partners of foreign workers are now subject to revised eligibility criteria. As of January 21, 2025, this policy change affects who can apply for an open work permit and for how long.
If you’re a foreign worker in Canada with a spouse or common-law partner looking to join you, this update is crucial for your planning. Let’s dive into the key changes and understand which professionals qualify under the new rules.
Who is Eligible to Apply for an Open Work Permit?
Under the updated regulations, spouses and common-law partners of foreign workers can now apply for an Open Work Permit only if the foreign worker is employed in high-skilled occupations (NOC TEER 0, 1) or specific NOC TEER 2 and 3 occupations. The change is designed to support high-skilled labor needs while providing greater flexibility for families to stay together in Canada.
Key Eligibility Requirements:
- Foreign Worker’s Occupation: The foreign worker must be employed in a high-skilled occupation (NOC TEER 0, 1) or select NOC TEER 2 and 3 occupations.
- Work Permit Duration: The foreign worker must have a valid work permit, approval letter, or authorization to work that is valid for at least 16 months at the time the spouse or common-law partner applies.
- Genuine Relationship: Applicants must prove that they are in a genuine relationship (spouse or common-law partnership) at the time of application.
Who is Not Eligible?
Unfortunately, spouses and common-law partners of foreign workers employed in low-skilled occupations (NOC TEER 4 or 5) will not be eligible for an open work permit under this category. Additionally, other exceptions apply, such as if the foreign worker is an international student or if the foreign worker has a refugee claim pending.
Eligible NOC TEER 2 and 3 Occupations:
The following high-skilled occupations are now eligible for the open work permit program under NOC TEER 2 and 3:
NOC TEER 2 Occupations:
- 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 Technicians
- 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
NOC TEER 3 Occupations:
- 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
How to Apply for an Open Work Permit:
Spouses and common-law partners of eligible foreign workers can apply for an open work permit at the same time as the foreign worker, or they can apply separately, ensuring they meet all the necessary criteria.
Applications must include proof of the relationship (e.g., marriage certificate, proof of cohabitation) and documentation to demonstrate that the foreign worker’s employment qualifies under the new rules. If you’re applying separately, make sure you have the necessary documents proving your spouse’s valid work permit and occupation status.
What Does This Mean for Foreign Workers and Their Families?
This update to the open work permit program allows spouses and common-law partners to contribute to Canada’s workforce while maintaining family unity. This policy change enhances flexibility for families and aligns with Canada’s broader economic and social goals. It’s a great opportunity for skilled workers and their families to take advantage of Canada’s open labour market.
If you’re a foreign worker in Canada or considering applying for a work permit, don’t miss this opportunity to bring your spouse or common-law partner to Canada. For guidance on navigating the new open work permit eligibility requirements and to learn more about your immigration options, contact Pivot North Immigration today!
📞 Schedule a Consultation with Our Immigration Experts:
Let us help you with your open work permit application and ensure that you and your family can stay together in Canada. We specialize in immigration solutions for foreign workers and their families.
Sources:
- IRCC – Who can apply?
