SOWP changes are here: 7 days before you may become ineligible

Updated on January 21, 2025

On January 14, 2025, IRCC announced sweeping changes to the Spousal Open Work Permit (SOWP) program, aimed at aligning immigration policies with labour market priorities. We’ve been anticipating these changes for several months, and based on available information, the decision to significantly tighten the eligibility criteria was made as early as August 2024. Now, what was once anticipated has become a reality.

Effective January 21, 2025—just a week from the original 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 take a deep 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 (see below - updated on January 21, 2025)

• TEER 2 Eligible Occupations

  • 22100 – Chemical technologists and technicians

  • 22101 – Geological and mineral technologists and technicians

  • 22110 – Biological technologists and technicians

  • 22111 – Agricultural and fish products inspectors

  • 22112 – Forestry technologists and technicians

  • 22113 – Conservation and fishery officers

  • 22114 – Landscape and horticulture technicians and specialists

  • 22210 – Architectural technologists and technicians

  • 22211 – Industrial designers

  • 22212 – Drafting technologists and technicians

  • 22213 – Land survey technologists and technicians

  • 22214 – Technical occupations in geomatics and meteorology

  • 22220 – Computer network and web technicians

  • 22221 – User support technicians

  • 22222 – Information systems testing technicians

  • 22230 – Non-destructive testers and inspectors

  • 22231 – Engineering inspectors and regulatory officers

  • 22232 – Occupational health and safety specialists

  • 22233 – Construction inspectors

  • 22300 – Civil engineering technologists and technicians

  • 22301 – Mechanical engineering technologists and technicians

  • 22302 – Industrial engineering and manufacturing technologists and technicians

  • 22303 – Construction estimators

  • 22310 – Electrical and electronics engineering technologists and technicians

  • 22311 – Electronic service technicians (household and business equipment)

  • 22312 – Industrial instrument technicians and mechanics

  • 22313 – Aircraft instrument, electrical and avionics mechanics, technicians and inspectors

  • 32100 – Opticians

  • 32101 – Licensed practical nurses

  • 32102 – Paramedical occupations

  • 32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists

  • 32104 – Animal health technologists and veterinary technicians

  • 32109 – Other technical occupations in therapy and assessment

  • 32110 – Denturists

  • 32111 – Dental hygienists and dental therapists

  • 32112 – Dental technologists and technicians

  • 32120 – Medical laboratory technologists

  • 32121 – Medical radiation technologists

  • 32122 – Medical sonographers

  • 32123 – Cardiology technologists and electrophysiological diagnostic technologists

  • 32124 – Pharmacy technicians

  • 32129 – Other medical technologists and technicians

  • 32200 – Traditional Chinese medicine practitioners and acupuncturists

  • 32201 – Massage therapists

  • 32209 – Other practitioners of natural healing

  • 42102 – Specialized members of the Canadian Armed Forces

  • 42202 – Early childhood educators and assistants

  • 72010 – Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations

  • 72011 – Contractors and supervisors, electrical trades and telecommunications occupations

  • 72012 – Contractors and supervisors, pipefitting trades

  • 72013 – Contractors and supervisors, carpentry trades

  • 72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers

  • 72020 – Contractors and supervisors, mechanic trades

  • 72021 – Contractors and supervisors, heavy equipment operator crews

  • 72022 – Supervisors, printing and related occupations

  • 72023 – Supervisors, railway transport operations

  • 72024 – Supervisors, motor transport and other ground transit operators

  • 72025 – Supervisors, mail and message distribution occupations

  • 72100 – Machinists and machining and tooling inspectors

  • 72101 – Tool and die makers

  • 72102 – Sheet metal workers

  • 72103 – Boilermakers

  • 72104 – Structural metal and platework fabricators and fitters

  • 72105 – Ironworkers

  • 72106 – Welders and related machine operators

  • 72200 – Electricians (except industrial and power system)

  • 72201 – Industrial electricians

  • 72202 – Power system electricians

  • 72203 – Electrical power line and cable workers

  • 72204 – Telecommunications line and cable installers and repairers

  • 72205 – Telecommunications equipment installation and cable television service technicians

  • 72300 – Plumbers

  • 72301 – Steamfitters, pipefitters and sprinkler system installers

  • 72302 – Gas fitters

  • 72310 – Carpenters

  • 72311 – Cabinetmakers

  • 72320 – Bricklayers

  • 72321 – Insulators

  • 72400 – Construction millwrights and industrial mechanics

  • 72401 – Heavy-duty equipment mechanics

  • 72402 – Heating, refrigeration and air conditioning mechanics

  • 72403 – Railway carmen/women

  • 72404 – Aircraft mechanics and aircraft inspectors

  • 72405 – Machine fitters

  • 72406 – Elevator constructors and mechanics

  • 72410 – Automotive service technicians, truck and bus mechanics and mechanical repairers

  • 72411 – Auto body collision, refinishing and glass technicians and damage repair estimators

  • 72420 – Oil and solid fuel heating mechanics

  • 72421 – Appliance servicers and repairers

  • 72422 – Electrical mechanics

  • 72423 – Motorcycle, all-terrain vehicle and other related mechanics

  • 72429 – Other small engine and small equipment repairers

  • 72500 – Crane operators

  • 72501 – Water well drillers

  • 72600 – Air pilots, flight engineers and flying instructors

  • 72601 – Air traffic controllers and related occupations

  • 72602 – Deck officers, water transport

  • 72603 – Engineer officers, water transport

  • 72604 – Railway traffic controllers and marine traffic regulators

  • 72999 – Other technical trades and related occupations

  • 82010 – Supervisors, logging and forestry

  • 82020 – Supervisors, mining and quarrying

  • 82021 – Contractors and supervisors, oil and gas drilling and services

  • 82030 – Agricultural service contractors and farm supervisors

  • 82031 – Contractors and supervisors, landscaping, grounds maintenance and horticulture services

• TEER 3 Eligible Occupations

  • 33100 – Dental assistants and dental laboratory assistants

  • 33101 – Medical laboratory assistants and related technical occupations

  • 33102 – Nurse aides, orderlies and patient service associates

  • 33103 – Pharmacy technical assistants and pharmacy assistants

  • 33109 – Other assisting occupations in support of health services

  • 43100 – Elementary and secondary school teacher assistants

  • 43204 – Operations Members of the Canadian Armed Forces

  • 53200 – Athletes

  • 53201 – Coaches

  • 73100 – Concrete finishers

  • 73101 – Tilesetters

  • 73102 – Plasterers, drywall installers and finishers and lathers

  • 73110 – Roofers and shinglers

  • 73111 – Glaziers

  • 73112 – Painters and decorators (except interior decorators)

  • 73113 – Floor covering installers

  • 73200 – Residential and commercial installers and servicers

  • 73201 – General building maintenance workers and building superintendents

  • 73202 – Pest controllers and fumigators

  • 73209 – Other repairers and servicers

  • 73300 – Transport truck drivers

  • 73301 – Bus drivers, subway operators and other transit operators

  • 73310 – Railway and yard locomotive engineers

  • 73311 – Railway conductors and brakemen/women

  • 73400 – Heavy equipment operators

  • 73401 – Printing press operators

  • 73402 – Drillers and blasters - surface mining, quarrying and construction

  • 83100 – Underground production and development miners

  • 83101 – Oil and gas well drillers, servicers, testers and related workers

  • 83110 – Logging machinery operators

  • 83120 – Fishing masters and officers

  • 83121 – Fishermen/women

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, it is crucial that principal foreign workers 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:

• Step 1: Reach out for a consultation with an immigration lawyer immediately.

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.

• Explore Alternative Work Permits

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.

• Plan Applications Early

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.

One last word…

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!

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About the author:

Igor Kyryliuk

Canadian Immigration Lawyer, LLM