April 3, 2024

Revisions to Spousal Open Work Permits

Intro

Effective March 19, 2024, Immigration, Refugees and Citizenship Canada (IRCC) has introduced significant adjustments to the eligibility criteria for Spousal Open Work Permits (SOWPs). This revision aligns with broader policy shifts aimed at managing Canada’s international student population, as outlined by Marc Miller, the Minister of Immigration, on January 22, 2024. In this blog post, we’ll walk you through the overview and eligibility criteria for this work permit.

Overview

Previously, spouses or common-law partners of international students enrolled in any designated learning institution (DLI) program, whether full-time or part-time, could apply for an SOWP. This facilitated their ability to work and gain valuable Canadian experience while their partner pursued their studies.

However, the updated regulations now limit SOWP eligibility to spouses and common-law partners of students enrolled in specific programs. They must also meet specific eligibility criteria to apply for an open work permit under your status as an international student. The eligibility criteria vary depending on when they are applying (whether it’s before or after March 19, 2024) or if they’re applying to extend their existing open work permit under this stream.

Who Can Apply?

If Applying On or After March 19, 2024:

• Your spouse or common-law partner may be eligible for an open work permit if you meet the following criteria:
  • You are enrolled in a master’s or doctoral degree program in a university or polytechnic institution, or
  • You are studying in one of the following professional degrees 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.), or;
    • 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:
  • a valid letter of acceptance from your designated learning institution (DLI);
  • a proof of enrolment letter from your DLI, or;
  • transcripts from your current program.
  • Your spouse or common-law partner may have to provide additional documents, such as
    • proof of their relationship to you, the student.

If Applied Before March 19, 2024:

• Your spouse or common-law partner may be eligible if:
  • You have a valid study permit,
  • You’re eligible for a post-graduation work permit (PGWP), and
  • You’re a full-time student at one of the following eligible institutions:
    • a public post-secondary school, such as a college or university, or CEGEP in Quebec;
    • a private college-level school in Quebec, or;
    • a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree).

If Applying to Extend an Existing Open Work Permit:

• Your spouse or common-law partner may qualify if:
  • You have a valid study permit,
  • You’re eligible for a PGWP, and
  • You’re a full-time student at one of the following eligible institutions:
    • a public post-secondary school, such as a college or university, or CEGEP in Quebec;
    • a private college-level school in Quebec, or;
    • a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree).

How Long is the Permit Valid For?

In most cases, the open work permit granted to your spouse or common-law partner will be valid for the same period as your study permit, ensuring their ability to work throughout your study duration.

Application Tips and Tricks:

The application for a SOWP is complete online. We recommend the following to ensure a smooth application process:

1. Ensure you have necessary tools: This includes a scanner or camera to digitize documents and valid credit/debit cards for online payments.
2. Read the instruction guide: Familiarize yourself with the requirements and how to complete the application form before you start the application.
3. Prepare answers for the online tool: Answer questions to generate a personalized document checklist.
4. Understand the fees: Be aware of processing fees, which are required at the end of the application.
5. Create or sign in to the online account: This account will be used for fee payment, application submission, and status tracking.