Significant Changes to Spousal Open Work Permit Eligibility

On January 22, 2024, IRCC implemented major revisions to the international student program, influencing many families across Canada. Previously, spouses of students at both undergraduate and college levels could apply for SOWPs, facilitating their ability to work in Canada while supporting their partners. However, under the new rules, only spouses of students enrolled in master’s or doctoral programs at recognized universities or polytechnic institutions are eligible for such permits.

This shift marks a significant narrowing of the scope for eligibility, aligning with Canada’s strategic goals to prioritize higher degree levels for international student programs and their families. It’s crucial for affected parties to understand these changes and prepare accordingly.

Who is Still Eligible?

Despite the tightening of rules, there are notable exceptions. If you are the spouse of an undergraduate student, you may still qualify for a SOWP if your partner is enrolled in one of the following professional degree programs:

• 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)

Eligibility demands comprehensive documentation including a valid Letter of Acceptance, proof of enrollment from a Designated Learning Institution, and transcripts from the current program of the student.

What If You Applied Before the Changes?

For those who submitted their SOWP applications prior to March 19, 2024, there is good news. Your application will still be processed under the former guidelines if your partner holds a valid study permit, is eligible for a post-graduation work permit, and is a full-time student at an accredited institution.

Alternatives for Those Affected by the New Rules

For partners who find themselves ineligible under the new criteria, alternative pathways remain open. Applying for a different type of work permit or a visitor visa are viable options. It’s important to note that arriving in Canada on a visitor visa does not permit employment.

Supporting Family Reunification Through Work Permits

The rationale for restricting SOWPs to only partners of master’s and PhD students, as stated by Immigration Minister Marc Miller, was to address both the high volume of applications and integrity concerns within the program. This decision aligns with IRCC’s goals of promoting family reunification while ensuring the legitimacy of the pathways used.