BREAKING: IRCC updates eligibility criteria for Spousal Open Work Permits
Immigration, Refugees, and Citizenship Canada (IRCC) has provided further information regarding updates to the eligibility criteria for Spousal Open Work Permits (SOWP).
On January 22, 2024, the department implemented various modifications to Canada's international student program. One notable change announced by IRCC was the exclusion of spouses of international students enrolled in undergraduate and college programs from being eligible for SOWPs.
As of March 19, partners and spouses of international students are eligible for a SOWP only if their sponsor is enrolled in a master’s or doctoral degree program at a university or polytechnic institution in Canada.
- a master’s or doctoral degree program in a university or polytechnic institution, or
- one of the following professional degree 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
- Bachelor of Education (B. Ed.)
- Bachelor of Engineering (B. Eng., BE, BASc)
Your spouse or common-law partner must provide one of the following documents to prove your enrolment in a degree-granting program of study:
- has a Letter of Acceptance (LOA) from a Designated Learning Institute (DLI)
- a proof of enrolment letter from your DLI
- transcripts from your current program
If you already applied, IRCC says that those who applied for a SOWP before March 19 are still eligible if their partner:
- Has eligible study permit
- Is eligible for a post-graduation work permit (PGWP)
- Is a full-time student at one of these types of schools:
- a public post-secondary school, such as a college or university, or CEGEP in Quebec
- a private college-level school in Quebec
- a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree)
The eligibility criteria remain unchanged for current holders of Spousal Open Work Permits seeking to extend their existing permits.
What happens if you're ineligible?
Spouses and partners of international students who no longer meet the eligibility criteria for an SOWP have the option to apply for a different type of work permit or visitor visa (TRV). However, individuals arriving in Canada as visitors are not authorized to work.
An SOWP grants holders the ability to work for nearly any employer in Canada. Furthermore, it serves as a means to uphold IRCC's objective of promoting family reunification.
Nevertheless, during a statement to the Standing Committee on Citizenship and Immigration (CIMM) on February 28, Immigration Minister Marc Miller stated that he was restricting SOWPs to the partners and spouses of master's and PhD students in order to "address both a volume challenge and integrity concerns, pertaining to what we perceived as an area being exploited and not necessarily legitimate."