More information about the modifications to the eligibility requirements for Spousal Open Work Permits (SOWP) has been made public by Immigration, Refugees and Citizenship Canada (IRCC). Spousal Open Work Permit eligibility criteria updated.
On January 22, 2024, the department made several adjustments to Canada’s international student program. According to the IRCC, the wives of foreign students enrolled in undergraduate and graduate programs will no longer be qualified for SOWPs.
As of March 19, spouses and partners of international students are only eligible for an SOWP if their sponsor is enrolled in a master’s or doctorate program at a Canadian university or polytechnic.
Spouses or partners of undergraduate students are exempt in certain cases. The following professional degree programs at universities also allow spouses of undergraduate students to 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)
Spouses and partners applying for an SOWP must provide documents that prove a relationship to the student and one document showing proof of their partner’s enrollment in a degree-granting program of study. IRCC accepts:
- a valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
- a proof of enrolment letter from their spouse or partner’s DLI
- transcripts from their spouse or partner’s current program
If Already Applied
IRCC says that those who applied for a SOWP before March 19 are still eligible if their partner:
- Has a valid 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)
These requirements are the same for current SOWP holders who apply to extend their existing permit.
What if you are not eligible?
If an overseas student’s spouse or partner is no longer eligible for a SOWP, they can apply for a tourist visa (TRV) or another kind of work permit. On the other hand, visitors are not allowed to work in Canada.
Holders of a SOWP are able to work in Canada for nearly any employer. Additionally, it serves to further the IRCC’s mission to encourage family reunification.
However, in a comment to the Standing Committee on Citizenship and Immigration (CIMM) on February 28, Immigration Minister Marc Miller said that he was limiting SOWPs to the partners and spouses of master’s and PhD students to “attack a volume challenge but also integrity challenges with what we believe was an area that was being exploited and not necessarily legitimate.”
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