Work Permit Holder's Spouses Will Now Be Eligible To Apply For Open Work Permits

On Dec 2nd 2022, Immigration minister Sean Fraser announced that work permit holders in Canada would be able to have their spouses apply for open work permits. This change comes from the new Express Entry system introduced in 2015, which allows skilled workers to be nominated for permanent residence by Canadian employers.

The previous rules restricted the ability of work permit holders to bring their spouses with them to Canada, and many families were forced to live apart while the primary breadwinner worked in Canada. The new rules will allow families to stay together while the primary breadwinner works in Canada.

This is welcome news for many families who have been living apart due to the previous restrictions on work permits. It will also allow more people to come to Canada and contribute to our economy.

What is an Open Work Permit?

An open work permit is a type of Canadian work permit that does not specify an employer. Open work permits are normally issued to spouses or common-law partners of certain highly skilled foreign workers and international students and young people participating in international exchange programs.

The main advantage of having an open work permit is that it gives the holder the flexibility to work for any employer in Canada without the need to obtain a new work permit each time they change jobs. Open work permits are also usually valid for a longer period of time than other types of Canadian work permits.

If you are the spouse or common-law partner of a foreign worker who has been approved for a temporary work permit, you may be eligible to apply for your own open work permit. The same is true if you are the spouse or common-law partner of an international student who has been granted a study permit. In both cases, your spouse or partner must meet certain eligibility criteria in order for you to be eligible for an open work permit.

If you are a foreign national between the ages of 18 and 35, you may also be eligible to apply for an open work permit through one of Canada’s many international exchange programs. These programs allow young people from all over the world to come to Canada and experience our country and culture while working temporarily in various jobs.

Who is Eligible for an Open Work Permit?

If you are the spouse of a work permit holder, you may now be eligible to apply for an open work permit. This change is effective immediately and will allow spouses of certain work permit holders to work in any occupation while they are in Canada.

To be eligible for an open work permit, you must meet the following criteria:

• You must be married to or in a common-law relationship with a person who has a valid work permit.
• Your spouse must hold a valid work permit that allows them to work in Canada for at least 6 months. Work permits that are issued under the International Mobility Program are not eligible.
• You must have proof of your relationship to your spouse (e.g., marriage certificate or common-law declaration).

If you meet all of the above criteria, you can apply for an open work permit by submitting the required documentation to Immigration, Refugees and Citizenship Canada (IRCC). The processing time for open work permit applications is typically about 2 weeks.

OWP Eligibility Phases

The OWP program is expected to be implemented from the start of 2023 until two years as a temporary measure in three phases:

Phase 1: high-wage stream – for spouses of higher paid TFW holding work permits;

Phase 2: Low-wage stream - For spouses of low-paid TFWs.

Phase 3: Families of agriculture workers— This would focus on families of seasonal agriculture workers, a crucial part of Canada's economic recovery.

While IRCC is eager to implement these initiatives, which will help economic recovery, the dates are not definite. According to Minister Fraser, phase two and three have yet to be worked out in collaboration with provinces and employers.

*TFW(Temporary Foreign Worker Program)*

How do I apply for an Open Work Permit?

If you are the spouse of a work permit holder, you are now eligible to apply for an open work permit. This means that you will be able to work in any occupation and for any employer in Canada.

To apply for an open work permit, you must first submit an application online. You will need to provide your personal information and your spouse's work permit information. Once your application is processed, you will receive a confirmation email, and your open work permit will be mailed to you.

It is important to note that the processing time for open work permit applications can vary, so be sure to check the current processing times on the Immigration, Refugees and Citizenship Canada website before applying.

Looking Ahead

The recent change to the work permit holder's spouse eligibility is welcome. It will allow spouses of work permit holders to apply for open work permits, allowing them to remain in Canada while their spouse works. This is a positive step forward for family unity and those who may have previously been ineligible to work in Canada.

The Canadian government has long recognized the importance of immigration for the country's financial, demographic, and societal health. However, the COVID-19 pandemic has hurried the need for newcomers.

As the country continues to face record high job vacancies and low levels of unemployment, immigration has become a key focus for economic health and recovery in the wake of a pandemic-affected 2020 and 2021.

The Immigration Levels Plan 2023-2025 commits to welcoming over 1.45 million new immigrants by the end of 2025.

Schedule a free consultation for Canada Immigration services with GetGIS.