Canada has unveiled IRCC’s updated eligibility criteria for spousal open work permits.
IRCC made major changes to Canada’s international student program effective January 22, 2024. The IRCC announced some significant changes, one of them being a modification to the requirements for Spousal Open Work Permits (SOWPs). In the past, SOWPs were available to wives of foreign students participating in undergraduate and graduate programs. As of March 19, partners and spouses of international students are only eligible for a SOWP under the revised regulations if their sponsor is enrolled in a master’s or doctorate program at an accredited university or polytechnic in Canada. These changes represent a change in the range of eligible projects for SOWPs, with the goal of being in line with Canada’s changing immigration and educational goals. Undergraduate students’ spouses or partners are subject to specific exceptions.
To apply for a Spousal Open Work Permit (SOWP), spouses of undergraduate students enrolled in particular professional degree programs at a university are also eligible.
- Spouses of undergraduate students pursuing a Doctor of Dental Surgery (DDS, DMD) degree are eligible for a Spousal Open Work Permit (SOWP).
- Spouses of undergraduate students studying for a Bachelor of Law or Juris Doctor (LLB, JD, BCL) degree can also apply for a SOWP.
- Those married to undergraduate students enrolled in Doctor of Medicine (MD) programs are eligible for a SOWP.
- Spouses of undergraduate students pursuing a Doctor of Optometry (OD) degree qualify for a SOWP.
- Individuals partnered with undergraduate students studying Pharmacy (PharmD, BS, BSc, BPharm) can apply for a SOWP.
- Those married to undergraduate students pursuing a Doctor of Veterinary Medicine (DVM) degree are eligible for a SOWP.
- Spouses of undergraduate students enrolled in Bachelor of Science in Nursing (BScN, BSN, BNSc) programs can apply for a SOWP.
- Partners of undergraduate students studying for a Bachelor of Education (B. Ed.) degree are eligible for a SOWP.
- Spouses of undergraduate students pursuing a Bachelor of Engineering (B. Eng., BE, BASc) degree qualify for a SOWP.
In order to obtain a Spousal Open Work Permit (SOWP), applicants must provide proof of their relationship to the student and one document attesting to their partner’s enrollment in a course of study leading to a degree. The following records are accepted as proof by the IRCC:
- A current, valid Letter of Acceptance (LOA) issued by a Designated Learning Institution (DLI).
- A proof of enrollment letter provided by the spouse or partner’s DLI.
- Transcripts from the spouse or partner’s ongoing program of study.
If You Have Already Submitted Your Application
Those who applied for the SOWP before March 19 are still eligible, according to IRCC, if their partner:
- Possesses a valid study permit.
- Qualifies for a post-graduation work permit (PGWP).
- Is enrolled as a full-time student at one of the following types of institutions:
- A public post-secondary school, including colleges, universities, or CEGEP in Quebec.
- A private college-level institution in Quebec.
- A Canadian private school authorized to confer degrees under provincial law, such as bachelor’s, master’s, or doctoral degrees.
For current holders of Spousal Open Work Permits who wish to renew their permits, the requirements do not change.
Alternatives for Ineligible Spouses and Partners of International Students for SOWP and IRCC’s Policy Shift
There are other possibilities available for spouses and partners of international students who no longer meet the requirements to be eligible for a Spousal Open Work Permit (SOWP). They can apply for a visitor visa (also known as a temporary resident visa, or TRV) or various forms of work permits. It is crucial to remember that people who enter Canada as guests are not permitted to work.
Holders of the SOWP have the option of working for almost any Canadian employer. It also helps to further the goal of IRCC, which is to encourage family reunification.
However, Immigration Minister Marc Miller brought up a change in policy on February 28 in a statement given to the Standing Committee on Citizenship and Immigration (CIMM). He brought up the idea of restricting SOWPs to master’s and PhD students’ spouses and partners. This change was made to address issues with volume as well as integrity, especially in light of possible program exploitation that might not be in line with good goals.
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