spousal open work permits

IRCC Announced Changes in Spousal Open Work Permits

Posted by: Adeeba Naeem
29 March 2024 11:22 AM


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On January 22, 2024, Immigration Refugees and Citizenship Canada (IRCC) introduced significant changes in Canada’s international student program. Among these changes, the department has released additional details and eligibility requirements for Spousal Open Work Permits (SOWP). 
The department announced that SOWPs will no longer be available to the spouses or partners of international students in undergraduate and college programs. 
However, there are some exceptions for the spouses or partners of international students if they have the following degree program at the university can apply for SOWP: 
  • 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)
Partners or spouses of international undergraduate students who are applying for SOWP are required to show relationship proof with the student and document proof of spouse or partner’s enrollment in a degree program. The required documents are:
A valid Letter of Acceptance (LOA) from a designated learning institution (DLI) 
Proof of enrolment letter from their spouse or partner’s designated learning institution
Transliteration from their spouse or partner’s current program 
From March 19, if international students are enrolled in a master’s or doctoral degree program at a university or polytechnic institution in Canada, their spouse or partner is eligible to apply for SOWP. 
IRCC states that applicants who applied before March 19 and current permit holders who applied to extend their existing permit duration for SOWP are still eligible if their partner meets the following criteria:
  • Partner has a valid study permit
  • The partner is eligible for a post-graduation work permit (PGWP)
  • The partner should be a full-time student at one of the following schools: 
  1. A public post-secondary school, such as a university or college or CEGEP in Quebec
  2. A private college-level school in Quebec
  3. A Canadian private school that offers a degree like bachelor’s, master’s, or doctoral. 
If a spouse or partner is no longer eligible to apply for SOWP, they can apply for other types of visa, such as a work permit or a visitor visa. However, it is essential to note that a candidate is not allowed to work on a visitor visa. 
On February 28, Immigration Minister Marc Miller stated in a comment to the Standing Committee on Citizenship and Immigration (CIMM) that he was keeping the bounds of SOWPs to the master’s and Ph.D. students to “attack a volume challenge but also integrity challenges with what we believe was an area that was being exploited and not necessarily legitimate.” 
However, IRCC initiated it to support family reunification, and a SOWP allows permit holders to work for any employer and anywhere in Canada.
 
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