Canada to introduce new Open Work Permit rules tomorrow: Impact on Indian students

The Canadian government has strengthened its recent stance on restricting temporary residence programs for foreign workers and international students, and is tightening them further by changing open work permit (OWP) eligibility for international and foreign worker family members. Reinforced. From January 21, 2025, only spouses of certain international students and foreign workers will be able to apply for family OWP, which will extend to approximately 400,000 Indian students currently in Canada on study permits. will affect most of the

Also Read | New changes to Canada’s Express Entry immigration could disappoint Indians seeking permanent residency

Canada’s OWP allows foreign nationals to work in any job in Canada without restrictions. OWP holders do not need to first undertake a Labor Market Impact Assessment (LMIA) or employment verification. Once an OWP is issued, the holder can apply and work in any job/occupation in Canada.

What is the new family OWP for international students in Canada?

As of January 21, 2025, Family OWP is limited to spouses of international students enrolled in:

• Master’s program of 16 months or more

• Ph.D., or

• Select a specialized and eligible program.

If a student may need more time to complete their program, or if a family member has received a shorter work permit than the applicant, family members already in Canada (spouse or (including dependent children) may apply for work permit renewal only during the following periods: :

• The application is based on the same criteria as the current work permit.

• The requested renewal period matches the period of the main applicant’s existing study or work permit.

Family OWP for foreign workers: Family OWP is also limited to spouses of foreign workers employed in the following sectors:

• TEER (Training, Education, Experience, Responsibilities) 0 or 1 occupation; or

• Choose a TEER 2 or 3 occupation in a sector with a labor shortage or related to government priorities. These include occupations in the natural and applied sciences, construction, medicine, natural resources, education, sports, and military fields.

Additionally, if the spouse applies for OWP, the foreign worker’s work permit must have at least 16 months remaining. Children who are dependents of foreign workers are not eligible.

According to Immigration, Refugees and Citizenship Canada (IRCC), all applications received before January 21, 2025 will be processed based on the previous eligibility criteria. If the OWP has already been approved and has not expired, it remains valid.

Spouses of workers covered by free trade agreements and workers transitioning to permanent residence are not affected by these changes. Family members who no longer qualify for OWP can apply for any type of work permit for which they are eligible under Canada’s Work Permit Program.

Also Read |Canada was a dream destination for Indian students. Something has changed.

New penalties for paid immigration agents:

In a communiqué issued on January 17, 2025, IRCC also said that paid agents (licensed and unlicensed) violated the law when representing applicants and advising them on immigration and citizenship applications. introduced new rules to penalize

This includes fines of up to $1.5 million for advising customers to make false statements. No firm date has yet been set for implementing these new rules.

Curves announced in 2024:

In early 2024, IRCC announced plans to reduce the number of temporary residents from 6.5% of Canada’s total population to 5% by 2026. Reforms to the international student program were also announced. These include stricter qualification requirements for temporary foreign workers and coercion by employers. These include stricter compliance and stricter labor market impact assessments to reduce fraud.

Also read | Canada to set cap on international students amid housing crisis, fix system that is “out of control”

IRCC’s announcements include:

• The international student study permit acceptance limit will be further reduced for 2025, based on a 10% reduction from the 2024 target of 485,000 new study permits. Towards 2025, the number of study permits will be reduced to 437,000

• Post-graduation work permit program renewal

• Restrict work permit eligibility for spouses of master’s degree students to those who have been in the program for at least 16 months.

• Under Canada’s work permit programs (Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP)), eligibility for work permits is limited to managerial, professional, or labor shortage sectors. Restricted to spouses of foreign workers.