Spousal Open Work Permit Canada 2025: Rule Changes and Refusal

In 2025, Canada introduced significant changes to the spousal open work permit program that affect who is eligible and how applications are assessed. If you’re planning to apply for a spousal open work permit in Canada, it’s crucial to understand the updated eligibility rules to avoid a potential refusal.

This blog post breaks down the spousal open work permit Canada 2025 rule changes, compares the old vs. new criteria, and offers strategies to deal with a work permit refusal in Canada under these rules. We’ll also share how our team at Marin Immigration Law has helped clients navigate these changes through reconsideration requests, judicial review in Canada’s immigration system, and restoration of status measures. Finally, we provide practical advice on what you can do now – including a call-to-action to contact Marin Immigration Law for personalized guidance.

Overview of Changes as of January 21, 2025

Major rule changes took effect on January 21, 2025. On this date, Immigration, Refugees and Citizenship Canada (IRCC) implemented new eligibility criteria for spousal open work permits (SOWP) as part of a policy shift. The goal was to tighten the program and target work permits to families in certain skill categories and situations. Here are the key changes you need to know:

• Eligible NOC TEER Categories: Spousal open work permits are now limited to spouses of higher-skilled foreign workers. The principal worker in Canada must be employed in a job classified under Training, Education, Experience and Responsibilities (NOC TEER) category 0 or 1, or in specific TEER 2 or 3 occupations that are considered high-skilled and in-demand. This means spouses of low-skilled workers in TEER 4 or 5 roles are no longer eligible for an open work permit. (TEER 0 and 1 generally include management and professional jobs, while TEER 4 and 5 cover semi-skilled and entry-level jobs.)
• Restricted TEER 2–3 Eligibility: Not all TEER 2 or 3 jobs qualify. Only select occupations in TEER 2 and 3 that are in sectors with labor shortages or aligned with government priorities can support a spousal open work permit. These include many jobs in natural and applied sciences, construction, health care, natural resources, education, sports, and the military, among others. Occupations in other fields (for example, certain business, finance, sales, service, or manufacturing roles that fall under TEER 2 or 3) will not make the spouse eligible. In short, the foreign worker’s job must be high-skilled and in an eligible category for their spouse to get an open work permit.
• Principal Work Permit Duration: The foreign worker (principal applicant) must have a longer remaining work permit validity for their spouse to qualify. Under the new rules, the principal’s work permit must have at least 16 months remaining at the time the spouse applies for the open work permit. This is a big change from the previous requirement of only ~6 months remaining. The 16-month validity rule means many couples need to plan ahead – if the worker’s permit is close to expiry (e.g. within a year), the spouse would not be eligible for an open work permit until the principal’s status is extended. This change helps ensure that spousal open work permits are issued only when the principal has a substantial period of authorized work left in Canada.
• Changes for International Students: The new restrictions also affect spouses of international students in Canada. Only spouses of students enrolled in advanced academic programs can get an open work permit now. Specifically, the student must be pursuing a Master’s degree (at least 16 months in duration), a Ph.D. (doctoral) program, or a professional degree program in a field like medicine, nursing, law, engineering, or other eligible program. Spouses of students in general programs (e.g. most bachelor’s degrees, shorter college diplomas, or certificate programs) are no longer eligible for an open work permit. This is a significant shift – previously, spouses of nearly all full-time international students at public post-secondary institutions could obtain work permits. The change may deter some students from bringing family or influence their choice of study program, since the ability for the spouse to work is now limited to those in higher-level studies.
• Dependent Children: Under the prior policy (especially during 2023-2024), working-age dependent children of foreign workers could obtain open work permits to work in Canada. As of 2025, dependent children of foreign workers no longer qualify for open work permits (except in very limited cases, such as if the family is in the process of applying for permanent residence). This means, for example, a 19-year-old accompanying son or daughter of a work permit holder can no longer automatically get an open work permit just by virtue of their parent’s status. They would need to pursue their own study or work permit with an employer sponsor, unless a specific exemption applies.

These changes mark a return to more restrictive criteria, ending a temporary two-year expansion that had allowed many more spouses and dependents to work in Canada. In fact, from 2023 until early 2025, IRCC had a public policy that extended open work permits to family members of almost all foreign workers (including lower-skilled) to help with labor shortages. That temporary measure ended on January 21, 2025, and spousal open work permits are once again limited to a narrower group of families.

Bottom line: If you want to apply for a spousal open work permit in 2025, you must carefully check the new eligibility criteria. Ensure your spouse in Canada is either a high-skilled worker in an eligible occupation (TEER 0, 1 or designated 2, 3) or a qualifying international student, and that they have a long enough work permit duration remaining. Otherwise, your application will likely be refused under the 2025 rules.

Before vs. After January 21, 2025

To clarify how the rules changed, here is a comparison of the eligibility criteria before and after January 21, 2025. This chart highlights what was required “Before” (under the old rules) versus “After” (under the new rules now in effect):

Applications before January 21, 2025

‍IRCC has clarified that any spousal open work permit applications received before January 21, 2025 would continue to be processed under the previous criteria. In theory, this protects those who applied prior to the rule change – they should still be approved if they met the old requirements.

However, in practice there have been transitional complications. Some applicants who submitted before the cutoff have refusals due to the new criteria being applied at the decision stage. It appears that if a decision is made after January 21, some visa officers may inadvertently apply the new rules, especially if they consider the decision date rather than the application date. This has caused hardship for spouses caught in the middle of the rule change.

If you applied just before the change, be aware of which rules IRCC uses to assess your file. You may need to point out the timing of your application or seek help if you believe your application was wrongly refused under the new rules despite being submitted earlier. Next, we’ll discuss what can happen in refusal cases and how Marin Immigration Law has assisted clients in this situation.

Refusals Under the New Rules: How Marin Immigration Law Has Helped

With stricter eligibility rules, spousal open work permit refusals are becoming more common in 2025. Many spouses who would have been approved under the old system are now being refused because their situation doesn’t meet the updated criteria. At Marin Immigration Law, we’ve seen this firsthand and helped clients navigate these difficult scenarios.

Real-world example: One couple we recently assisted (names changed for privacy) found themselves caught by the new rules. The husband was a temporary foreign worker in Canada with a job offer as a cook (TEER 4), and his wife had applied for a spousal open work permit in early January 2025. They applied before the rule change, expecting approval under the old criteria (since previously spouses of any worker outside TEER 4-5 were eligible, and a cook falls under TEER 3 which used to qualify). Unfortunately, by the time an officer reviewed the application in February, the new rules were in effect. The spousal work permit was refused because the principal’s job was not in an eligible high-skilled category under the January 21, 2025 rules – cooks are considered lower-skill (now excluded unless in specific sectors). The refusal letter stated that the applicant was not eligible for an open work permit as the spouse of a low-skilled worker, referencing the updated regulations.

This was understandably devastating for the couple. The wife’s status in Canada was tied to the pending application, and once refused, she was suddenly out of status and facing the prospect of having to leave Canada. Moreover, simply reapplying was not a viable option – under the new rules, unless the husband changed to a higher-skilled occupation or the policy changed again, any new application would also be refused for the same reason. So what can be done when a spousal open work permit is refused under these circumstances?

Marin Immigration Law’s strategy: Our team stepped in to help this couple pursue every possible remedy. Here are the steps we took to fight the refusal and protect the client’s status:

1. Reconsideration Request: First, we filed a detailed request for reconsideration with IRCC. A reconsideration request is essentially a written plea to the visa office to review and overturn a refusal, usually by explaining why a mistake was made or exceptional factors exist. In this case, we pointed out that the application was submitted before the policy change and should have been assessed under the old criteria. We argued that it was unfair to apply the January 21 rules retroactively to an application that met all requirements at the time of submission. We respectfully asked the officer to reopen the file and approve the work permit under the previous eligibility rules. (Reconsideration requests have no formal fee or form and are discretionary – success isn’t guaranteed, but it’s an important first step when a refusal seems to stem from an error or timing issue.)
2. Status Restoration (Visitor Record): At the same time, we moved quickly to secure legal status for the spouse who was refused. Once her application was denied, she no longer had implied status from that application. We helped her apply for a visitor record and restoration of status. A visitor record is a document that allowed her to stay in Canada as a visitor, and “restoration” is the process to regain status if you lose it, as long as you apply within 90 days of the refusal. By filing a restoration to visitor status, we ensured the client could remain in Canada legally with her husband while we pursued the next steps. This was crucial – without status, she might have had to leave Canada, which would make fighting the refusal much more complicated.
3. Judicial Review: Because there is no formal appeal for a temporary resident visa or work permit refusal in Canada, the ultimate legal recourse is to file a judicial review. We prepared an application for judicial review in the Federal Court of Canada, challenging the spousal work permit refusal. In a judicial review, a Federal Court judge will examine whether the immigration officer’s decision was unfair or unlawful. We argued that applying the new rules to a pre-change application was unreasonable and contrary to the publicized transitional instructions. Essentially, we asked the court to set aside the refusal and direct IRCC to reconsider the application under the proper (old) criteria. Judicial review is a complex process – it’s not a re-application but rather a legal challenge, and a Canadian immigration lawyer must handle it. It can take several months, but it’s often the only way to get justice in cases where the applicant did nothing wrong but the rules shifted under their feet.

Why not just reapply? We often hear this question. In scenarios like the above, reapplying wasn’t an option because the couple no longer met the new eligibility criteria. Unless something significant changes (for example, the principal spouse finds a higher-skilled job or the rules are adjusted), a fresh application would be refused for the same reason. Reapplying can make sense if you can now meet the requirements or if the initial refusal was due to a correctable mistake in your paperwork. But when a refusal is based on a substantive ineligibility under the new law, legal intervention is needed. Our example case illustrates that sometimes the only way forward is to challenge the refusal and seek an exception or error correction (through reconsideration or court review), rather than starting over with a new application destined to fail.

Marin Immigration Law has developed expertise in handling spousal open work permit refusals under these new 2025 rules. We use every tool available – from informal requests to formal litigation – to advocate for our clients. It’s important to act quickly in such cases, because there are time limits (for instance, a judicial review typically must be filed within 15 days of a refusal if the applicant is inside Canada). By intervening promptly, we help clients keep their status in Canada and fight for the permit they are entitled to. If you find yourself in a similar situation, don’t lose hope – there may be strategies to address the refusal, even if the new rules seem to be against you.

What You Can Do Now

Facing the new 2025 reality, what are your options? Whether you are considering applying for a spousal open work permit or you’ve already been refused under the new rules, here are some practical steps and advice:

• 1. Verify Your Eligibility First: Before applying, carefully check the Canada open work permit spouse eligibility criteria under the 2025 rules. Confirm your spouse’s situation in Canada qualifies:
  • If your spouse is a temporary foreign worker, find out their NOC TEER category and job title. Is it TEER 0 or 1? If it’s TEER 2 or 3, is it on the list of eligible occupations in high-demand sectors? Does your spouse’s work permit have at least 16 months remaining? These are critical factors for your eligibility.
  • If your spouse is an international student, ensure they are in an eligible study program (Master’s of sufficient length, PhD, or specific professional field). If they are in a general Bachelor’s or a short diploma program, you unfortunately won’t qualify for a spousal work permit under the new rules.
  • If you’re unsure how to figure this out, consult official sources or an immigration professional. The regulations are detailed, and a lawyer can quickly tell you if you meet the spousal open work permit Canada 2025 criteria.
• 2. Avoid Costly Refusals: If it appears that you do not meet the new requirements, think twice before submitting an application blindly. A refusal can waste time and money, and it can put you in a difficult spot if you’re inside Canada on implied status. Instead:
  • Consider waiting until circumstances change. For example, if your spouse is changing to a higher-skilled job to be eligible for the work permit, it might be worth delaying your application until the situation improves.
  • Look into alternative pathways. If a spousal open work permit is off the table, are you eligible for any other work permit on your own merits? (Perhaps an employer-specific work permit if you can get a job offer and an LMIA, or if you have your own study plans, etc.) Also, if your spouse might soon apply for permanent residence, there could be options once a PR application is in process.
  • Consult an immigration lawyer for a strategy session. An experienced lawyer can often identify creative solutions or a timeline for when you should apply to maximize your chances. At Marin Immigration Law, we help clients map out a plan – whether it’s timing an application or improving eligibility – to avoid the pain of a refusal in the first place.
• 3. If You’ve Been Refused, Know Your Options: A refusal is not the end of the road, but you must act quickly and wisely:
  • Reapplication: This is the most straightforward option – essentially, try again. Under the new SOWP rules, that means unless your situation has changed (e.g., your spouse’s job or study program now qualifies), a new application will likely be refused for the same reason. Don’t just reapply with the same facts expecting a different outcome, especially now that the rules have changed.
  • Reconsideration Request: If you believe the refusal was a mistake – for instance, the officer may have misinterpreted something or you applied before the rule change – you can send a polite request for reconsideration to IRCC. Explain why you think the decision was in error (citing any applicable facts or policies) and ask them to take a second look. There’s no fee for this, but also no guarantee. It’s often a long shot, but in some cases (like clear misunderstandings or timing issues) it can work.
  • Judicial Review (Legal Challenge): As noted, there is no direct appeal for a work permit refusal in Canada. However, you can ask the Federal Court to review the decision if you believe it was unfair or incorrect. A judicial review in immigration cases involves a lawyer filing legal arguments and potentially having a hearing in front of a judge. The court can’t outright give you a permit, but it can quash (overturn) the refusal and force IRCC to reconsider your application properly. Judicial reviews must be filed quickly (within 15 days for in-Canada refusals, 60 days for outside Canada), so contact a lawyer immediately if you’re considering this route. It’s a powerful tool, but requires legal expertise.
  • Restore Status if Needed: If you’re in Canada and your spousal work permit application was refused, check your status. Were you on a visitor visa or otherwise? If the application was keeping you in status and it’s now refused, you might need to apply for restoration of status as a visitor or student, etc., within 90 days of the refusal. This step is critical to stay in Canada legally while you figure out next steps. We often help clients file a quick visitor record application to buy time and maintain legal status after a refusal.
• 4. Plan for the Long Term: The new rules are likely here to stay (at least until further notice). If having the ability for your spouse to work in Canada is important for your family, plan accordingly:
  • Upgrade Skills or Status: If you’re the principal worker in a lower-skilled job (TEER 4 or 5) and you want your spouse to join you and work, consider whether you can move into a higher-skilled role or a different program that makes your spouse eligible. Alternatively, pursuing permanent residence for yourself could eventually give your spouse an open work permit (for example, once you have an application in process for PR, there are some bridging open work permit options for spouses).
  • Use the Right Timing: For international students, if you’re coming to Canada and want your spouse to work, you might choose a Master’s program over a shorter diploma, if that’s feasible, to meet the criteria. Timing your spouse’s application to coincide with when you have enough work permit duration or after you’ve started a qualifying program can make the difference in approval.
  • Stay Informed: Immigration rules can change. The start of 2025 brought these tighter rules, but immigration policies are always evolving. Keep an eye on official updates or consult with your immigration counsel before making major moves, to ensure you have the latest information.

Lastly, and most importantly, don’t hesitate to seek professional guidance. The stakes are high – a refused spousal open work permit can disrupt your family’s plans and status in Canada. An experienced immigration lawyer can assess your case, advise on eligibility, help you avoid pitfalls, and represent you in case of a refusal.

Marin Immigration Law is here to help. We have been at the forefront of handling spousal open work permit cases through these 2025 rule changes. Whether you need advice on eligibility or you’ve encountered a refusal, our team can provide knowledgeable and compassionate assistance. We’ve successfully guided clients through reconsideration requests, court challenges, and restoration of status applications to keep families together in Canada.

If you’re concerned about how the spousal open work permit rule changes affect you, or if you’ve been refused and don’t know what to do next, contact Marin Immigration Law for a consultation. We will review your situation, explain your options, and help chart the best course forward. With the right strategy, you can navigate these new rules and protect your dream of working and living in Canada with your spouse. Get in touch with us today to ensure you have the professional support you need during this challenging time.