IRCC updates spousal open work permit eligibility

Immigration, Refugees, and Citizenship Canada (IRCC) has provided further insight into alterations regarding eligibility for Spousal Open Work Permits (SOWP).

On January 22, 2024, IRCC implemented various modifications to Canada’s international student program. Notably, the department declared that spouses of international students enrolled in undergraduate and college programs will no longer qualify for SOWPs.

Effective March 19, partners and spouses of international students can only obtain a SOWP if their sponsor is pursuing a master’s or doctoral degree program at a university or polytechnic institution in Canada.

Exceptions apply for the spouses or partners of undergraduate students in specific professional degree programs at a university. These 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)

Spouses and partners applying for an SOWP must furnish documents demonstrating their relationship to the student and proof of their partner’s enrollment in a degree-granting program. Acceptable documents include a valid Letter of Acceptance (LOA), proof of enrollment letter, or transcripts from the partner’s current program.

IRCC assures that applicants who submitted an SOWP application before March 19 remain eligible if their partner holds a valid study permit, is eligible for a post-graduation work permit (PGWP), or is a full-time student at specific types of institutions.

For those no longer eligible for a SOWP, alternatives include applying for another type of work permit or a visitor visa (TRV). However, visitors to Canada are prohibited from working.

Minister Marc Miller explained to the Standing Committee on Citizenship and Immigration (CIMM) on February 28 that limiting SOWPs to the partners and spouses of master’s and PhD students aims to address volume and integrity concerns within the program.