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Canada Tightens Rules for Spousal Open Work Permits: Key Details

Spousal Open Work Permits

Canada has introduced significant changes to the Spousal Open Work Permit (SOWP) program, which took effect on March 19. Under the new rules, only spouses of international students pursuing a master’s or doctoral degree at a recognized Canadian university or polytechnic institution are eligible to apply for an SOWP. This marks a departure from the previous policy, where spouses of undergraduate students were also eligible.

There are, however, exceptions for spouses of students enrolled in specific professional degree programs. Eligible 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)

These changes are part of a broader effort by Immigration, Refugees, and Citizenship Canada (IRCC) to manage the volume of applications and address integrity issues within the program. According to IRCC, spouses and partners who apply for an SOWP must provide proof of their relationship to the international student and documentation confirming their partner’s enrollment in an eligible program. Accepted documents include a valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI), a proof of enrollment letter from the DLI, or transcripts from the student’s current program.

For those who applied for an SOWP before March 19, eligibility remains if their partner:

  • Holds a valid study permit.
  • Is eligible for a Post-Graduation Work Permit (PGWP).
  • Is a full-time student at a qualifying institution, such as a public post-secondary school (college, university, or CEGEP in Quebec), a private college-level school in Quebec, or a Canadian private school authorized to award degrees.

These criteria also apply to current SOWP holders seeking to extend their permits.

For spouses and partners who are no longer eligible under the new rules, alternative options include applying for a different type of work permit or a Temporary Resident Visa (TRV). However, it’s important to note that individuals entering Canada on a TRV are not authorized to work.

The SOWP program allows eligible individuals to work for nearly any employer in Canada, supporting IRCC’s goal of fostering family reunification. However, as Immigration Minister Marc Miller explained in his February 28 address to the Standing Committee on Citizenship and Immigration (CIMM), the tightening of SOWP eligibility is intended to address both volume and integrity challenges within the program, which has been subject to exploitation in some cases.

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