Canada To Launch New Open Work Permit Rule Tomorrow: How It Will Impact Indian Students

(MENAFN- Live Mint) Toeing its recent stance to restrict its temporary resident programs for international workers and students, the government of Canada has further tightened the noose by altering its open work permit (OWP) eligibility for family members of international students and foreign workers. Effective January 21, 2025, only spouses of certain international students and foreign workers will be able to apply for a family OWP, a move that will impact a large chunk of nearly 400,000 Indian students currently in Canada with study permits .

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A Canadian OWP authorises a foreigner to work in Canada in any job without restrictions. The holder of an OWP does not need a Labour Market Impact Assessment (LMIA) or confirmation of employment first. Once issued an OWP, the holder can apply and work in any job/occupation in Canada.

From January 21, 2025, family OWPs will be limited to spouses of international students enrolled in:

. Master's programs that are 16 months or longer

. Doctoral programs, or

. Select professional and eligible programs

In scenarios where students may need more time to complete their program or where family members received a shorter work permit than the principal applicant, family members (including spouses and dependent children) who are already in Canada can apply to renew their work permit as long as:

. They are applying under the same criteria as the current work permit, and

. The requested duration of the renewal matches that of the existing study or work permit of the principal applicant.

Family OWPs for foreign workers: Family OWPs will also be limited to spouses of foreign workers who are employed in:

. TEER (Training, Education, Experience, and Responsibility) 0 or 1 occupations, or

. Select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities. These include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors.

In addition, the foreign worker must have at least 16 months remaining on their work permit when their spouse applies for the OWP. Dependent children of foreign workers will no longer be eligible.
According to Immigration, Refugees and Citizenship Canada (IRCC), all applications received before January 21, 2025 will be processed under the previous eligibility criteria. If the OWP was already approved and hasn't expired, it stays valid.

Spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be impacted by these changes. Family members who will no longer qualify for a family OWP can apply for any type of work permit they are eligible for under Canada's work permit programs.

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

In a communique issued on January 17, 2025, IRCC has also introduced new rules to penalise paid representatives (authorised and unauthorised) who break the law when representing applicants and advising them on immigration or citizenship applications.

This includes fines of up to a maximum of $1.5 million for advising clients to misrepresent themselves. No definite date has yet been set for implementing these new rules.

In early 2024, IRCC announced a planned decrease in the number of temporary residents- from 6.5% of Canada's total population down to 5% by 2026. Reforms were also announced for the International Student Program - tightening eligibility requirements for temporary foreign workers, enforcing employer compliance more strictly, and making labour market impact assessments more rigorous to mitigate fraud, and more.

Also Read | Canada to set a cap on international students amid housing crisis, fix 'out of control' system

. A further reduction in the intake cap on international student study permits for 2025 based on a 10% reduction from the 2024 target of 485,000 new study permits issued. For 2025, the number of study permits has been reduced to 437,000

. Updating the Post-Graduation Work Permit Program

. Limiting work permit eligibility to spouses of master's degree students to only those whose program is at least 16 months in duration

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