Toronto, Canada – As of January, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has introduced stricter eligibility criteria for non-Canadian spouses or common-law partners seeking open work permits under the Spousal Open Work Permit (SOWP) program. Here’s what you need to know to ensure compliance with these new regulations:
Eligibility for Non-Canadian Spouses or Common-Law Partners:
- Legal Relationship: The couple must be either legally married or have entered into a common-law relationship, substantiated by a signed declaration form witnessed by a notary or commissioner for oaths.
- Visa Duration: One partner must hold a valid Canadian work visa with a duration of at least 16 months.
- Occupation of the Visa Holder: The partner with the work visa must be employed in a skilled job classified under the Canadian National Occupational Classification (NOC) system. Specifically:
– TEER 0 or 1 occupations: These are typically management or professional roles requiring high levels of education or experience.
– TEER 2 or 3 occupations: These roles are eligible only if they fall within sectors experiencing labor shortages or align with current government priorities. Sectors include:
– Natural and applied sciences
– Construction
– Health care
– Natural resources
– Education
– Sports
– Military
A comprehensive list of eligible TEER 2 and 3 occupations will be published by IRCC on January, 2025, providing clarity on which specific roles qualify for the accompanying spouse’s work permit.
Impact and Implications:
These new rules aim to align immigration policies more closely with Canada’s labor market needs, ensuring that open work permits are granted to those who can contribute significantly to areas where labor is in high demand. This adjustment could potentially limit the number of SOWPs issued but is intended to better manage workforce integration and support economic sectors crucial for national development.
Application Process:
Couples must ensure they have all necessary documentation before applying. This includes proof of relationship, evidence of the principal applicant’s work visa and occupation, and any additional documents as required by IRCC for the application process.
Advice for Applicants:
Immigration consultants and legal experts recommend that couples review their eligibility carefully against these new criteria. They also suggest keeping an eye on IRCC’s updates, especially the forthcoming list of TEER 2 and 3 occupations, to avoid any surprises or delays in the application process.
As Canada continues to refine its immigration policies to meet economic objectives, these changes to the SOWP program reflect a strategic approach to immigration that focuses on skill and sector-specific needs. Non-Canadian couples residing or planning to reside in Canada should prepare accordingly to navigate these new regulations effectively.
Select high-skilled occupations in TEER 2 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 Select high-skilled occupations in TEER 3 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
