Changes to Canada’s 2025 SOWP Eligibility Described

Effective January 21, 2025—just a week from the date of this blog post—IRCC will drastically limit who can apply for a Spousal Open Work Permit in Canada as a family member of an international student or foreign worker. In this post, we’ll deeply dive into what these changes entail, why they were introduced, and how international students, foreign workers, and their families can navigate this new landscape.

Why Are These SOWP Eligibility Changes Happening?

The primary reason for tightening SOWP eligibility is labour market optimization. Canada has been grappling with labour shortages across critical industries, particularly in healthcare, construction, and natural resources. However, there has also been criticism that previous open work permit policies allowed too many low-skilled workers’ family members to enter the labour market, contributing to saturation in non-priority sectors.

By restricting family work permits only to spouses of individuals in high-demand sectors or advanced educational programs, Canada hopes to:

• Reduce the number of temporary foreign workers in Canada;

• Channel foreign talent into priority sectors;

• Ensure that family members contribute meaningfully to the economy; and

• Reduce administrative burden on immigration services.

Who’s Affected by the New SOWP Eligibility?

Short answer – pretty much everyone. Low-skilled foreign workers, many High-skilled foreign workers, and of course International Students wishing to bring their loved ones to Canada will now need to either file the SOWP applications before January 21, 2025, or seek alternative pathways.

Spouses of International Students

Under the new SOWP eligibility criteria, only spouses of international students enrolled in specific programs can apply for a SOWP. Eligible programs include:

• Master’s programs of 16 months or longer;

• Doctoral (PhD) programs;

• Select professional programs, such as medicine, nursing, law, and engineering

This means that spouses of students pursuing shorter or non-professional bachelor’s degrees, diplomas, or certificate programs will no longer be eligible for open work permits. This change could discourage many students from bringing their families to Canada or even deter some from choosing Canada as a study destination altogether.

Spouses of Foreign Workers

Spouses of foreign workers now face much stricter eligibility criteria based on the worker’s occupation. Specifically, the principal applicant must be employed in:

• TEER 0 or 1 occupations (high-skilled roles like executives, professionals, or senior managers);

• Select TEER 2 or 3 occupations in sectors experiencing labour shortages (e.g., healthcare, construction, education, and military)

Moreover, the foreign worker’s permit must have at least 16 months of validity remaining when their spouse applies for a SOWP.

Spouses of workers in TEER 4 or 5 roles, such as retail or food service jobs, starting this January 21, 2025, will no longer be eligible. This will particularly impact families in rural areas, where many lower-skilled foreign workers live and work.

Who’s Exempt from the New Rules?

Not every foreign worker or student is affected by these changes. The following groups remain eligible for SOWPs:

• Spouses of workers under free-trade agreements: Workers covered by agreements like the Canada-United States-Mexico Agreement (CUSMA) are exempt from these restrictions, ensuring that mobility between key trading partners isn’t hindered.

• Individuals transitioning to permanent residence: If a foreign worker or student is in the process of becoming a permanent resident, their family members can still apply for open work permits under previous rules.

Immediate Impacts on Families and Applicants

For many international students and workers, bringing family members to Canada is more than a convenience—it’s essential for their mental well-being, economic stability, and successful integration. The new rules could result in family separations, especially for those who don’t meet the stricter criteria.

Without open work permits (OWPs), many spouses will be unable to work in Canada, forcing families to rely solely on the principal applicant’s income. This could be insufficient, particularly given Canada’s high cost of living. The impact is even greater for international students, who are restricted to working only 24 hours per week during academic terms. With the unprecedented rise in the cost of living in recent years, many students already struggle to support themselves financially. This change to the SOWP eligibility criteria could further undermine their financial stability.

Since eligibility for the SOWP is now linked to employment in specific TEER levels (and specific high-demand occupations), more foreign workers may feel compelled to seek roles in priority sectors. However, principal foreign workers must avoid inflating their TEER level to meet the new requirements. Misrepresenting a job’s TEER level can result in a rejected SOWP application and may have long-term consequences for future permanent residency applications. What might initially seem like a suitable fit for a NOC code can often turn out to be an error, particularly for TEER 0 occupations, which are notoriously complex to prove.

Finally, the revised SOWP eligibility criteria could increase competition for roles in key sectors such as healthcare, engineering, and construction. While we await the final list of eligible occupations, it is expected to be quite narrow. Proper selection of the NOC code will be critical, especially for occupations that are on the borderline between eligible and ineligible categories.

How to Navigate the New SOWP Eligibility?

If you or your family are affected by these changes, here are some strategies to consider:

We’re not saying this just because we’re lawyers – we’re saying this because we’ve witnessed far too many refusals and mistakes that had devastating consequences for families. We’ve also encountered numerous misconceptions about the SOWP application process, and too often, by the time these fatal errors are discovered, it’s already too late to fix them. With only 7 days left to file, every day and even every hour counts.

Even if you no longer qualify for a SOWP, there may still be other types of work permits available, such as employer-specific work permits. These typically require a valid job offer and an approved Labour Market Impact Assessment (LMIA). Consulting with a lawyer can help you develop a long-term strategy and fully understand all your available options.

Since the new rules require foreign workers to have at least 16 months left on their work permits, families should apply as soon as possible if they’re nearing the end of their stay.

The recent 2025 changes to Spousal Open Work Permit (SOWP) eligibility are another testament to the overall goal of the government to reduce the number of temporary foreign workers in Canada. And, we’re afraid, things will get much worse before they get any better. So, plan strategically and act fast!