The New Year Brings New Immigration Restrictions in Canada

The prominent trend in Canadian immigration regulation and legislation in 2024 was to curb immigration and reduce the level of immigration into Canada. As a country, Canada experienced all-time highs in many different immigration categories in 2022 and 2023. The Canadian Government determined that immigration needed to be reduced following these peaks, and subsequently started to enact more immigration restrictions. This included enacting the first-ever international student cap, and putting more restrictions on applicants for permanent residency, as well as work permits.

Although 2025 is only just starting, the inclination towards reducing immigration that was predominant in 2024 is likely to continue throughout 2025, as reductions are planned for in the 2025-2027 Immigration Levels Plan. Even beyond the Immigration Levels Plan, there have already been new regulations introduced in 2025 indicating that reducing immigration is still a priority for the Government of Canada.

Immigration Restrictions on Family Open Work Permits

The Government of Canada made an announcement on January 14, 2025, confirming that there are changes coming to open work permits for family members of temporary residents in Canada.

The announcement did not give much notice of the new policy before its implementation, which is set to take place on January 21, 2025. After January 21, family open work permits for international students will be restricted to spouses or common-law partners of students in specific programs. Spouses and common-law partners of international students who do not meet the eligibility criteria will no longer be eligible for an open work permit.

Open work permits allow the holder to work anywhere in Canada for as long as the permit is valid. This makes open work permits preferable in most cases to their holders as they provide significantly more flexibility than employer-specific work permits.

Programs that are not part of the restriction

In order for a spouse or common-law partner of an international student to be eligible for an open work permit, the international student must be enrolled in:

• a Master’s program that is 16 months or longer in duration
• a doctoral program, or
• another select professional and eligible program.

Before this policy change, there was no duration requirement for Master’s programs in order to meet the eligibility criteria. The professional programs that are exempt from the new requirements include:

• Doctor of Dental Surgery (DDS DMD);
• Bachelor of Law or Juris Doctor (LLB, JD, BCL);
• Doctor of Medicine (MD);
• Doctor of Optometry (OD);
• Pharmacy (PharmD, BS, BSc, BPharm);
• Doctor of Veterinary Medicine (DVM);
• Bachelor of Science in Nursing (BScN, BSN);
• Bachelor of Nursing Science (BNSc);
• Bachelor of Nursing (BN);
• Bachelor of Education (BEd); and
• Bachelor of Engineering (BEng, BE, BASc).

There are many programs that are exempt from the restriction. International students in Canada should check the list in order to ensure the restriction does not apply to them if they have a partner who wants to apply for an open work permit.

Limit of work permits for foreign workers.

For spouses and common-law partners of foreign workers who qualify for an open work permit, there are further restrictions. Family open work permits are to be limited to spouses or common-law partners of foreign workers working in select fields, organized by the Training, Education, Experience, and Responsibility (TEER) level assigned to each occupation or field.

• TEER 0 or 1 occupations, or
• select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities
  • TEER 2 and 3 occupations include those: in natural and applied sciences, construction, health care, natural resources, education, sports and military sectors.

The Government of Canada has indicated that the full list of occupations enabling family open work permits will be released on January 21, 2025. Additionally, in order for the spouse or common-law partner to apply for the open work permit, the worker must have at least 16 months remaining on their work permit, and dependent children of foreign workers are no longer eligible to receive a work permit. Spouses and common-law partners of workers who are under free trade agreements will further not be affected by these changes and can still apply for work permits.

Despite these new regulations, work permits that have already been approved will not be revoked and will continue to remain valid for the duration specified.

Express Entry Changes

At the end of 2024, Immigration, Refugees and Citizenship Canada announced a change to Express Entry. Foreign nationals are able to apply to Canada through Express Entry to apply for permanent residence through the Canadian Experience Class, Federal Skilled Worker Program, and Federal Skilled Trades Program.

Comprehensive Ranking System

When candidates apply to come to Canada through Express Entry, they create an application profile, and this profile is assigned a certain number of points based on the Comprehensive Ranking System criteria. The Comprehensive Ranking System assigns points based on a candidate’s skills, education, language ability, work experience, and other factors. One of these other factors that was considered was whether an Express Entry candidate had a job offer at the time of their application.

Now, this is set to be changed, as Immigration, Refugees and Citizenship Canada has indicated that in Spring 2025, having a job offer will no longer add points to an Express Entry application. The impetus for this change has been part of an effort by the Government of Canada to prevent and reduce fraud in Canada’s immigration system.

As a result of these changes, applicants in the Express Entry pool and new candidates entering the pool will be impacted. The change will not impact those who have already received an invitation to apply or have an application in progress.

Navigating Canada’s Evolving Immigration Landscape in 2025

As the new year unfolds, the evolving landscape of Canadian immigration highlights the government’s ongoing prioritization of regulation and selectivity in its policies. From the introduction of restrictions on family open work permits to changes in Express Entry criteria, these shifts underscore a clear intent to recalibrate immigration levels in response to past surges and future projections.

While these measures aim to address concerns such as fraud and labour market alignment, they also introduce complexities for individuals and families seeking to navigate Canada’s immigration system. It is crucial for prospective applicants to stay informed about these changes and seek expert guidance to maximize their chances of success. This year’s immigration policies reflect a delicate balance between maintaining Canada’s reputation as a welcoming nation and addressing its socio-economic priorities. By understanding these adjustments, individuals can better prepare for the opportunities and challenges ahead, ensuring their plans align with the country’s evolving requirements.

Contact Garson Immigration Law for Canadian Immigration Assistance

Garson Immigration Law is a Toronto-based law firm that helps people find solutions for their immigration needs, such as obtaining permanent residence in Canada and overcoming inadmissibility. Our focus on immigration allows us to understand the unique concerns and obstacles faced by our clients.

Our skilled immigration lawyers have extensive expertise in all immigration matters, including work permits, student visas, and US immigration from Canada. If you have any questions about an immigration matter, do not hesitate to contact us online or call us at 416-321-2860.