Effective March 19, 2024, Immigration, Refugees and Citizenship Canada (IRCC) has implemented significant changes to the eligibility requirements for Spousal Open Work Permits (SOWPs). This update comes amidst a broader IRCC policy shift to manage Canada's international student population as announced on the 22nd of January, 2024 by the Honorable Minister Marc Miller.
Understanding the Changes:
Previously, spouses or common-law partners of international students enrolled in any designated learning institution (DLI) program, full-time or part-time, were eligible to apply for an SOWP. This allowed them to work and gain valuable Canadian experience while their partner pursued their studies.
However, the new regulations restrict SOWP eligibility for spouses and common-law partners to students enrolled in specific programs. As of March 19, 2024, they can only apply for an open work permit if the student is pursuing:
A master's degree or doctoral degree program at a university or polytechnic institution.
One of the following designated professional programs at a university:
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)
Does this impact existing applications?
Spouses or common-law partners who are applying to extend their existing work permit or have submitted SOWP applications before March 19, 2024, may still be eligible under the previous criteria provided the international student has a valid study permit, is eligible for a post-graduate work permit, and a full-time student in a private school that can legally award degrees under provincial laws.
Does this impact students who have graduated and are applying for PGWP? Can their spouse apply for a spousal open work permit?
As an International student in Canada who have graduated and is applying for a post graduate work permit, your spouse is eligible to apply for a work permit and is not impacted by the recent IRCC update.
Can my children still come with me?
Yes. It is important to note that dependents (Minors) are eligible to apply for open study permits and visiting visas irrespective of the program that you are enroled in as an international student.
Other Pathways to Explore to bring your Spouse to Canada
For those whose eligibility is impacted by the changes, exploring alternative options is crucial. Here are some next steps to consider:
Visiting Visa: While visitor visas don't permit working in Canada, they could be an option for short-term stays. This allows the spouse to accompany their partner for a specific period, such as a semester or a year. However, this wouldn't provide work authorization or a path to permanent residency.
Independent Student Permit: If the spouse possesses academic qualifications, they can consider pursuing their own studies in Canada. This allows them to obtain a study permit and potentially work part-time on campus or through authorized off-campus work programs. Explore designated learning institutions (DLIs) that offer programs aligning with the spouse's interests.
Closed Work Permits: If a spouse can secure a job offer from a Canadian employer willing to sponsor a closed work permit, they can pursue this route. While it restricts them to work for that specific employer, it allows them to gain valuable Canadian experience which can contribute to a potential permanent residency application.
What Next?
If you meet the eligibility to apply for an SOWP or would like to explore other options to bring your spouse to Canada, Schedule a call with our consultant to explore your options.