Thousands of Indians who work and study in Canada will be impacted by the change that would only allow spouses of specific foreign workers and international students to apply for a family Open Work Permit (OWP) as of January 21, 2025.
In keeping with its recent decision to limit its temporary residence programs for foreign workers and students, the Canadian government has tightened the noose even further by changing the eligibility of family members of foreign workers and international students for open work permits (OWPs). Only spouses of specific foreign workers and students will be eligible to apply for a family OWP as of January 21, 2025. This change would affect a significant portion of the approximately 400,000 Indian students who now have study permits in Canada.A Canadian OWP gives a foreign national the freedom to work in Canada in any job. An OWP holder does not require job verification or a Labour Market Impact Assessment (LMIA) beforehand. After receiving an OWP, the holder is free to apply for and work in any Canadian employment or occupation.
What are Canada's new family OWPs for overseas students?
Family OWPs will only be available to spouses of overseas students enrolled in the following programs as of January 21, 2025:
• Master's degrees lasting 16 months or more
• Doctoral courses, or
• Choose qualified and qualified programs.
Family members (spouses and dependent children) who are already in Canada may apply to renew their work permit if the principal applicant needs more time to finish their program or if family members acquired a shorter work visa than the principal applicant.
• The same requirements as the existing work permit are being applied for by them, and
• The renewal's desired period corresponds to the principal applicant's current employment or study visa.
Foreign worker family OWPs: Spouses of foreign workers who work in the following industries will not be eligible for family OWPs:
• professions with TEER (Training, Education, Experience, and Responsibility) of 0 or 1 or
• Pick TEER. two or three jobs related to government initiatives or in industries with a labor shortage. Jobs in the natural and applied sciences, construction, healthcare, education, sports, and the military are among them.
Additionally, when their spouse files for the OWP, the foreign worker must still have at least 16 months left on their work permit. Foreign workers' dependent children will no longer qualify.
Immigration, Refugees and Citizenship Canada (IRCC) states that all applications submitted prior to January 21, 2025, will be handled in accordance with the prior eligibility requirements. The OWP remains valid if it has already been approved and hasn't expired.
These changes will not affect workers moving to permanent residence or spouses of workers covered by free-trade agreements. Family members can apply for any kind of work permit under Canada's work permit programs if they are no longer eligible for a family OWP.
New sanctions for paid immigration agents: In a statement released on January 17, 2025, the IRCC also unveiled new regulations to punish both authorized and unapproved paid immigration agents who violate the law while assisting applicants with their citizenship or immigration applications.
Advising customers to misrepresent themselves can result in fines of up to $1.5 million. There is currently no established date for the implementation of these new regulations.
Restrictions announced in 2024: The IRCC declared in early 2024 that temporary residents will make up 5% of Canada's population by 2026, down from 6.5% at present. Additionally, changes to the International Student Program were announced, including stricter eligibility standards for temporary foreign workers, stricter enforcement of employer compliance, and more stringent labor market impact evaluations to reduce fraud, among other things.
• A further reduction in the intake cap on international student study permits for 2025, based on a 10% decrease from the 2024 target of 485,000 new study permits issued, was one of the announcements made by the IRCC. The number of study permits has been lowered to 437,000 for 2025.
• Revising the Work Permit Program After Graduation
• Restricting master's degree students' spouses' eligibility for work permits to those whose programs last at least 16 months
• Restricting eligibility for work permits under Canada's work permit programs (Temporary Foreign Workers Program [TFWP] and International Mobility Program [IMP]) to spouses of foreign workers in management or professional jobs or industries experiencing a labor shortage.
• The renewal's desired period corresponds to the principal applicant's current employment or study visa.
Foreign worker family OWPs: Spouses of foreign workers who work in the following industries will not be eligible for family OWPs:
• professions with TEER (Training, Education, Experience, and Responsibility) of 0 or 1 or
• Pick TEER. two or three jobs related to government initiatives or in industries with a labor shortage. Jobs in the natural and applied sciences, construction, healthcare, education, sports, and the military are among them.
Additionally, when their spouse files for the OWP, the foreign worker must still have at least 16 months left on their work permit. Foreign workers' dependent children will no longer qualify.
Immigration, Refugees and Citizenship Canada (IRCC) states that all applications submitted prior to January 21, 2025, will be handled in accordance with the prior eligibility requirements. The OWP remains valid if it has already been approved and hasn't expired.
These changes will not affect workers moving to permanent residence or spouses of workers covered by free-trade agreements. Family members can apply for any kind of work permit under Canada's work permit programs if they are no longer eligible for a family OWP.
New sanctions for paid immigration agents: In a statement released on January 17, 2025, the IRCC also unveiled new regulations to punish both authorized and unapproved paid immigration agents who violate the law while assisting applicants with their citizenship or immigration applications.
Advising customers to misrepresent themselves can result in fines of up to $1.5 million. There is currently no established date for the implementation of these new regulations.
Restrictions announced in 2024: The IRCC declared in early 2024 that temporary residents will make up 5% of Canada's population by 2026, down from 6.5% at present. Additionally, changes to the International Student Program were announced, including stricter eligibility standards for temporary foreign workers, stricter enforcement of employer compliance, and more stringent labor market impact evaluations to reduce fraud, among other things.
• A further reduction in the intake cap on international student study permits for 2025, based on a 10% decrease from the 2024 target of 485,000 new study permits issued, was one of the announcements made by the IRCC. The number of study permits has been lowered to 437,000 for 2025.
• Revising the Work Permit Program After Graduation
• Restricting master's degree students' spouses' eligibility for work permits to those whose programs last at least 16 months
• Restricting eligibility for work permits under Canada's work permit programs (Temporary Foreign Workers Program [TFWP] and International Mobility Program [IMP]) to spouses of foreign workers in management or professional jobs or industries experiencing a labor shortage.
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