IRCC Announces New Eligibility Criteria for Spousal Open Work Permits

IRCC Canada has introduced significant updates to the eligibility criteria for Spousal Open Work Permits (SOWP) effective January 22, 2024.

Immigration, Refugees and Citizenship Canada (IRCC) has announced significant updates to the eligibility criteria for Spousal Open Work Permits (SOWP).

As of January 22, 2024, changes have been implemented affecting Canada’s international student program. Notably, spouses of international students enrolled in undergraduate and college programs will no longer qualify for SOWPs.

Effective March 19, only those whose partners are pursuing a master’s or doctoral degree at a Canadian university or polytechnic institution will be eligible for a SOWP.

Exceptions for Professional Degree Programs: What You Need To Know?

There are exceptions for spouses or partners of undergraduate students. Spouses of those studying in specific professional degree programs at a university remain eligible for a SOWP. These programs include:

• 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)

Quick Reads:

• Master Class Move: Canada Extends Work Permit for Master's Students to 3 Years
• Canada Considers 30-Hour Work Policy for International Students
• Big News for International Students in Canada: Extended Validity for Work Authorization Letters

Required Documentation for SOWP

Applicants for a SOWP must provide documents proving their relationship to the student and evidence of their partner’s enrolment in a degree-granting program. Acceptable documents include:

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

What Happens to SOWP Applications Submitted Before March 19?

IRCC has clarified that individuals who applied for a Spousal Open Work Permit (SOWP) before March 19, 2024, will remain eligible if their partner meets certain criteria. The partner must:

1. Hold a valid study permit.
2. Be eligible for a post-graduation work permit (PGWP).
3. Be a full-time student at one of the following institutions:
   1. A public post-secondary institution, such as a college, university, or CEGEP in Quebec
   2. A private college-level school in Quebec
   3. A Canadian private school authorized to award degrees under provincial law (e.g., bachelor’s, master’s, or doctoral degrees)

These requirements also apply to current SOWP holders who are seeking to extend their existing permits.

Also Read: Unleashing Canada's Superpower Through Free and Quality Education

Options for Those Ineligible for a SOWP

Spouses and partners of international students who no longer qualify for a Spousal Open Work Permit (SOWP) have alternative pathways available. They can apply for another type of work permit or a Temporary Resident Visa (TRV). It is important to note, however, that individuals entering Canada on a visitor visa are not permitted to engage in employment.

A SOWP is particularly advantageous as it permits holders to work for almost any employer across Canada, thereby facilitating greater employment flexibility. This permit also aligns with IRCC's strategic objective to promote family reunification, allowing families to stay together while supporting themselves financially.

For those navigating these new eligibility parameters, understanding the available options and the implications of each is essential to ensure compliance and to explore viable alternatives for remaining in Canada.

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Despite changes to the Spousal Open Work Permit program, Canada remains a welcoming destination for international students and their families. Explore the opportunities and navigate the application process with confidence by seeking assistance from GetGIS. Apply now and make your Canadian dream a reality!

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Frequently Asked Questions

Q1. What is a spousal open work permit?

A spousal open work permit allows your spouse or common-law partner to work for any employer in Canada without a specific job offer.

Q2. How much time does it take for a spouse to get a work permit?

The processing time for a spousal open work permit from India is typically three to four months, though it can vary based on case complexity.

Q3. Who is eligible for a spouse visa in Canada?

You can sponsor your spouse, conjugal partner, or common-law partner if you are a Canadian citizen or permanent resident, at least 18 years old, and living in or returning to Canada.

Q4. Can a spousal open work permit be rejected?

Yes, if you do not meet the financial requirements or fail to provide sufficient proof of funds, your application may be denied.

Q5. How much proof of funds is needed for a spousal open work permit in Canada?

It's advisable to show at least 3000 CAD in your bank statement as initial settlement funds, along with a valid job offer indicating your salary.