Recent changes by Immigration, Refugees and Citizenship Canada (IRCC) have impacted the eligibility requirements for Spousal Open Work Permits (SOWP) for spouses and partners of international students. Take a look at the key updates and what they mean for you.

Effective March 19, 2024, spouses and partners of international students can only apply for a SOWP if their sponsoring student is enrolled in a master’s or doctoral degree program at a university or polytechnic institution in Canada.

Exceptions for Undergraduate Students

There are limited exceptions for spouses/partners of students enrolled in specific professional undergraduate programs at a university. 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)

Proof of Eligibility

Applicants for SOWP under these exceptions will need to provide documentation proving their relationship to the student and their partner’s enrollment in a qualifying program. Acceptable documents include:

• A valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
• Proof of enrolment letter from the student’s DLI
• Transcripts from the student’s current program

Immigration Minister Marc Miller commented that the changes aim “to attack a volume challenge but also integrity challenges with what we believe was an area that was being exploited and not necessarily legitimate.”

Have you already applied before March 19, 2024?

Applications submitted for a SOWP before March 19, 2024, may still be eligible if the sponsoring student meets these existing requirements:

• Holds a valid study permit.
• Is eligible for a post-graduation work permit (PGWP).
• Is a full-time student at a designated institution:
  • Public post-secondary school (college, university) or CEGEP in Quebec
  • Private college-level school in Quebec
  • Canadian private school authorized to award degrees (bachelor’s, master’s, doctoral)

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

Alternatives for Ineligible Applicants

Spouses/partners who no longer qualify for SOWP may consider other options such as:

• Applying for a different type of work permit.
• Obtaining a visitor visa (TRV). However, visitors cannot work in Canada.

Understanding the Change

SOWPs allow holders to work for most employers in Canada and support family reunification. However, concerns were raised about processing volume and potential misuse. Immigration Minister Marc Miller stated the changes aim to address these issues while focusing on genuine relationships.

If  you still have doubt about this or any other immigration matter contact our qualified immigration professionals for personalized guidance on your eligibility and application process.

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