Updated on March 18, 2025 by canadian immigration experts
Effective January 21, 2025, Canada has introduced changes to spousal work permit regulations. These modifications are important to be aware of.
What This Means for You
- Stricter Criteria: Spouses of international students or temporary foreign workers must meet specific conditions to qualify for an OWP.
- Fewer Pathways: Changes aim to manage Canada’s intake of temporary residents, so the number of approved work permits may decrease.
Changes for Spouses of International Students
Under the new regulations, open work permits for spouses of international students have stricter limits and only spouses of students of certain programs are eligible to apply for a work permit:
- Spouses of students enrolled in the following programs are eligible:
* Master’s programs lasting 16 months or longer
* Doctoral programs
* Select professional programs
- Ineligible Programs:
Spouses of students in college-level diplomas or undergraduate degrees no longer qualify for an open work permit.
This is a significant departure from past policies, where spouses of most full-time post-secondary students in Canada could obtain an OWP.
Stricter Criteria for Temporary Foreign Workers (TFWs)
There are multiple updates for TFW spouses aiming for an open work permit:
Minimum Work Permit Duration
The principal applicant must hold a permit valid for at least 16 months for the eligibility of a spouse to apply for a work permit. If the principal worker’s permit is set to expire sooner, the spouse may not be eligible.
NOC/TEER Eligibility
Canada uses the National Occupational Classification (NOC) system, structured by TEER categories:
- TEER 0 and TEER 1 Occupations: Spouses in these “high-skill” fields qualify for an open work permit automatically.
- TEER 2 and TEER 3 Occupations: Spouses may be eligible only if the worker’s job aligns with specific occupations in these categories (e.g., aircraft instrument technicians, certain engineering technologists).
- TEER 4 and TEER 5: These lower-skill positions do not qualify for spousal OWPs under the new measures.
Important: A detailed NOC list outlines which TEER 2 and 3 occupations qualify. Double-check the most recent updates to see if you meet the requirements.
New Requirement for the Family Open Work Permit (OWP)
Under the new rules, spouses who wish to work while living in Canada must apply for a new open work permit application, not a standard extension. Key points:
If You Switch Permit Types
When the principal applicant moves from a study permit to a Post-Graduation Work Permit (PGWP), the spouse cannot simply extend their existing permit. They must file a new OWP request under the new guidelines.
Policy on Dependent Children
Dependent children of foreign workers are no longer eligible for family OWPs. Previously, certain pathways allowed dependent children to obtain open work permits under family unification measures.
Under the 2025 guidelines, they must explore other types of permits or status in Canada.
Existing Permits and Renewals
- Existing OWPs: If you already hold an OWP approved under previous rules, it remains valid until its original expiry date.
- Renewals: You can request a permit renewal if the principal applicant’s permit had a shorter duration or if you need more time to complete an ongoing program.
Application and Processing
Beginning in 2025:
- Online Submissions Only: First-time work permit applications and extensions must be filed online. Port-of-entry issuance is no longer available.
- Longer Processing Times: With reduced quotas and stricter qualifications, wait times may increase. Early preparation is crucial.
Exemptions from New Rules
Certain groups retain the old rules and do not fall under the new measures:
- Permanent Resident and Citizen Sponsors
Individuals sponsoring spouses for permanent residency (i.e., Family Class Sponsorship) are unaffected by these changes. - Bridge Open Work Permit (BOWP) Applicants
Spouses included in a BOWP while waiting on permanent residency keep their existing terms. - Free-Trade Agreements
Spouses of workers covered under specific free-trade agreements (e.g., USMCA) remain exempt.
Expected Impact
Canadian authorities anticipate that these stricter measures will help balance the country’s growing number of temporary residents. With open work permits more difficult to obtain, experts project a drop of approximately 60,000 to 150,000 TFW holders.
This could ease competition in some job markets, but it also makes the path to working in Canada more competitive for spouses.
Sponsoring Your Spouse for a Canadian Visa
If you plan to sponsor your spouse or partner for Canadian status, remember:
- Age: You must be at least 18 years old.
- Residence: You must reside in Canada or intend to return once your spouse receives residency.
- Financial Capacity: You should show proof of adequate funds or income to support your spouse. While there is no fixed minimum income for spousal sponsorship, your region’s living costs and housing details matter. Official bank statements, savings records, or employment letters can demonstrate financial readiness.
Note: This sponsorship route leads to permanent residence, which generally has stricter steps than temporary work or study permits. Processing times depend on many factors, including the number of applications in the system.
Seeking Expert Guidance
Applying for a Canada spouse visa or open work permit under the 2025 regulations can feel overwhelming. Errors in applications or missing paperwork may lead to setbacks or refusals. Canadian Immigration Experts at Jane Katkova & Associates specialize in global immigration strategies, including Canadian spousal sponsorship. Our licensed consultants offer:
- Complete advice on spousal sponsorship and open work permits
- Personalized help preparing financial documentation
- Guidance on how recent policy changes may influence your timeline
Ready to Begin?
Contact us to schedule a consultation. Our experienced team will help clarify your options and ensure you meet the new eligibility standards.
FAQs (Frequently Asked Questions)
1. What is the new spouse visa rule in Canada for 2025?
In 2025, spouses of graduate students in certain master’s and doctoral programs qualify for open work permits, but spouses of undergraduate students do not. TFW spouses also face stricter rules, including TEER-based eligibility and a minimum 16-month work permit requirement for the principal applicant.
2. Will Canada reduce or stop immigration after 2025?
Canada is not stopping immigration but is adjusting intake levels. Projections suggest around 395,000 permanent resident admissions for 2025, with possible changes in later years. This aims to manage overall population growth and economic needs.
3. Can spouses still get open work permits if the principal applicant has a PGWP?
Yes, but they must submit a fresh OWP application. If the principal applicant moves from a study permit to a PGWP, the spouse is subject to the new, stricter guidelines.
4. What about dependent children under the new rules?
Dependent children of TFWs are no longer eligible for a family open work permit. Each child now requires a separate permit or status to live and study in Canada.
5. How long does spousal sponsorship take under the 2025 guidelines?
Processing times vary. Stricter criteria and quotas may cause longer wait times. Preparing all forms and evidence correctly can help avoid unnecessary delays.
6. Are Canadian citizens or permanent residents sponsoring spouses affected by these updates?
No. Sponsorship by Canadian citizens or permanent residents through Family Class programs remains unchanged. The new restrictions focus on temporary workers and international students’ spouses.
