Learn about IRCC’s updates to Open Work Permits for Spouses eligibility, offering insights into changes affecting couples’ employment prospects in Canada.
Immigration, Refugees, and Citizenship Canada (IRCC) has provided additional information regarding updates to eligibility criteria for Spousal Open Work Permits (SOWP).
Effective January 22, 2024, IRCC implemented various adjustments to Canada’s international student program. Notably, spouses of international students enrolled in undergraduate and college programs are now ineligible for SOWPs.
Since March 19, partners and spouses of international students can only qualify for a SOWP if their sponsor is pursuing a master’s or doctoral degree program at a Canadian university or polytechnic institution.
Exceptions exist for spouses or partners of undergraduate students enrolled in specific professional degree programs at universities. These individuals are eligible to apply for a Spousal Open Work Permit (SOWP) if the student is pursuing one of the following degrees:
- 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, BNSc)
- Bachelor of Education (B. Ed.)
- Bachelor of Engineering (B. Eng., BE, BASc)
If You’ve Already Submitted an Application
To apply for an SOWP, spouses and partners must provide documentation verifying their relationship to the student and evidence of the student’s enrollment in a degree program. Acceptable documents include:
- A valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
- Proof of enrollment letter from the student’s DLI
- Transcripts from the student’s current program
For those who have already submitted an application, IRCC states that eligibility for a Spousal Open Work Permit (SOWP) remains intact if their partner:
- Possesses a valid study permit.
- Qualifies for a post-graduation work permit (PGWP).
- Is enrolled as a full-time student at any of the following types of institutions:
- Public post-secondary schools like colleges, universities, or CEGEPs in Quebec.
- Private college level institutions in Quebec.
- Canadian private schools authorized to grant degrees under provincial legislation (e.g., bachelor’s, master’s, or doctoral degrees).
These criteria also apply to current SOWP holders seeking to renew their existing permits.
What options are available if you’re ineligible?
Spouses and partners of international students who no longer meet the criteria for a Spousal Open Work Permit (SOWP) can explore alternative avenues such as applying for a different type of work permit or a visitor visa (TRV). However, it’s important to note that individuals entering Canada on a visitor visa are not authorized to work.
A SOWP permits holders to work for almost any employer in Canada and supports IRCC’s objective of facilitating family reunification.
However, during a comment made to the Standing Committee on Citizenship and Immigration (CIMM) on February 28, Immigration Minister Marc Miller mentioned restricting SOWPs to partners and spouses of master’s and PhD students as a measure to address both volume and integrity challenges, particularly concerning perceived exploitation and legitimacy concerns.
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