IRCC Revises Eligibility Criteria for Spousal Open Work Permits

Nova Ventures Newsroom
Published: March 19, 2024

Immigration, Refugees and Citizenship Canada (IRCC) has announced significant updates to the eligibility requirements for Spousal Open Work Permits (SOWP). As of January 22, 2024, major changes to the international student program in Canada have come into effect. Most notably, spouses of international students in undergraduate and college programs are no longer eligible for SOWPs.

Effective March 19, only the spouses or partners of students enrolled in a master’s or doctoral degree program at a Canadian university or polytechnic institution are eligible to apply for a SOWP.

Exceptions for Undergraduate Students

While the new rules generally exclude undergraduate students, there are exceptions for those enrolled in certain professional degree programs. Spouses of students in the following fields may still apply for a 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)

Documentation Requirements

To apply for a SOWP, spouses and partners must provide documents that demonstrate both their relationship and their partner’s enrollment in a qualifying program. The accepted documents include:

  • A valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
  • Proof of enrolment letter from their spouse or partner’s DLI
  • Transcripts from their spouse or partner’s current program

Transitional Measures for Existing Applicants

Applicants who submitted their SOWP applications before March 19 remain eligible if their partner holds a valid study permit, qualifies for a post-graduation work permit (PGWP), and is a full-time student at a recognized institution. This includes public post-secondary schools such as colleges, universities, and CEGEPs in Quebec, as well as private institutions authorized to award degrees.

Alternatives for Ineligible Applicants

Spouses and partners who are no longer eligible for a SOWP have other options, such as applying for a different type of work permit or a Temporary Resident Visa (TRV). However, it is important to note that visitors to Canada are not permitted to work without the appropriate permits.

IRCC’s Rationale for the Changes

These changes are part of IRCC’s efforts to manage the growing volume of applications and to address integrity issues. Immigration Minister Marc Miller emphasized that limiting SOWPs to spouses of master’s and PhD students is intended to combat exploitation and ensure the program’s legitimacy.

For more information on these updates and their impact on international students and their families, visit the official IRCC website.

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