Latest Update: IRCC Updates Eligibility Criteria for Spousal Open Work Permits

Immigration, Refugees and Citizenship Canada (IRCC) has updated eligibility requirements for SOWPs, a part of a policy shift to manage the international student population in Canada.

The IRCC implemented changes to the international student program in Canada, impacting the eligibility of spouses of foreign students in undergraduate and graduate programs for SOWPs.

What changes are made to the Eligibility Requirements?

Previously, SOWP applications could be submitted by spouses of foreign learners enrolled full- or part-time in any specific learning institution (DLI) program. As a result, they could work and obtain useful Canadian experience while their partner pursued their education. The new rules limit common-law partners' and spouses' eligibility for the SOWP to students enrolled in particular programs. Effective on March 19, 2024, the student may only apply for an open work visa in the following categories:

• A master's degree or doctoral degree program at a university

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)

Also Read: Spouse Open Work Permit in Canada from India

Have You Already Applied for SOWP?

According to the IRCC, anyone who submitted a SOWP application before March 19, 2024, is still qualified if their partner:

• Has a valid study permit
• Is qualified for a PGWP
• Is enrolled full-time in any of the following kinds of schools:
• A public post-secondary institution, like a university or college, or CEGEP in Quebec
• A private college-level institution in Quebec

These conditions remain the same for holders of SOWPs who wish to apply to extend their current permit.

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FAQs

1. Does the change in eligibility requirements affect graduates who are applying for PGWP and can their spouse apply for a spousal open work permit?

Your spouse is qualified to apply for a work permit as an international student in Canada who has graduated and is seeking a postgraduate work visa; they are unaffected by the most recent IRCC update.

2. Does the revised eligibility requirements affect existing applications?

Spouses or common-law partners applying to extend work permits or submit SOWP applications before March 19, 2024, may still be eligible under the previous criteria, provided they have a valid study permit.

3. Who is eligible for SOWP in Canada?

Applying for an open work permit is possible if you fit any of the following criteria: a spouse, common-law spouse, or conjugal partner, living in Canada who is receiving sponsorship for permanent residency.