Recently, Canada revised its requirements for spousal open work permits (SOWP). The immigration department, IRCC, has revealed details concerning the updated criteria on March 19. Find the details below.

Canada’s Revised Eligibility Requirements For Spousal Open Work Permits (SOWP).

IRCC previously announced the modifications to the international student program on January 22, 2024. 

One of those changes discussed the spouses and partners of international students. As a per this, the spouses or partners of students enrolled in college or undergraduate programs will not qualify for the SOWPs. 

In accordance with the latest announcement, partners and spouses of students can now only apply for SOWP if the sponsor is pursuing a Master’s or doctorate degree at a Canadian university or a polytechnic institution.

Some Exceptions for SOWP

Some exceptions apply to the spouses or partners of undergraduate students. If the sponsor or undergraduate student is enrolled in one of the professional degree programs listed below at a Canadian university, their spouse also qualifies to apply for an SOWP.

  • Doctor of Medicine (MD)
  • Doctor of Optometry (OD)
  • Doctor of Veterinary Medicine (DVM)
  • Doctor of Dental Surgery (DDS, DMD)
  • Pharmacy (PharmD, BS, BSc, BPharm)
  • Bachelor of Education (B. Ed.)
  • Bachelor of Engineering (B. Eng., BE, BASc)
  • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
  • Bachelor of Science in Nursing (BScN, BSN, BNSc)

Documents Required for relationship proof between a spouse and international student

In order to apply for a Spousal Open Work Permit (SOWP), the spouses and partners need to prove their relationship to the international student and prove the student’s enrollment in an eligible program. For this, they can submit the valid documents. The following are the IRCC-accepted document proofs:

  • A document validating the proof of the relationship;
  • A valid LOA or Letter of Acceptance from a Canadian Designated Learning Institution (DLI)
  • A proof of registration letter from the DLI of their spouse or partner.
  • Documents from the current program of their spouse or partner.

What if you have already applied for SOWP before March 19?

According to IRCC, individuals who have submitted their application before March 19 remain qualified if their partner satisfies the following conditions.

  • If they have a valid study permit;
  • If they satisfy a post-graduation work permit (PGWP) eligibility criteria;
  • If they are full-time students enrolled in one of the following types of schools in Canada:
  1. A public post-secondary school, like a college or university, or CEGEP in Quebec
  2. A private college-level school in Quebec
  3. A Canadian private school provides legal degrees under provincial law, such as a bachelor’s, master’s, or doctoral degree.

These eligibility criteria are identical for existing SOWP holders who have applied to extend their permit.

What are the options if you are ineligible for a SOWP?

After Canada revised requirements for spousal open work permits, spouses and partners of international students may be concerned about their options if they are ineligible for a SOWP.

They can then apply for another Canadian work permit or a visitor visa (TRV). However, it’s notable that individuals who enter Canada as visitors are not authorized to work there.

The Spousal Open Work Permit (SOWP) authorizes individuals to work for almost any employer in Canada. In addition, it also serves as an effective way to support IRCC’s aim to encourage family reunification.

However, in a February 28 discussion with the Standing Committee on Citizenship and Immigration (CIMM), the immigration minister of Canada noted that he was restricting the SOWPs to the spouses and partners of masters and PhD students. He added that this was in order to address a volume challenge as well as integrity issues associated with the potential exploitation of the system.