Canada’s Immigration, Refugees and Citizenship Canada (IRCC) has implemented changes to the eligibility requirements for Spousal Open Work Permits (SOWP) for spouses and partners of international students. Announced in January 2024 alongside broader reforms to the international student program, the new rules limit SOWP access for spouses of undergraduate students – Spouse Dependant Visa Canada.
Effective March 19, 2024, spouses and partners can only apply for a SOWP if their sponsoring student is enrolled in a master’s or doctoral program at a designated university or polytechnic institution. This change aims to address both processing volume challenges and potential program misuse, according to Immigration Minister Marc Miller’s comments to Parliament.
Exceptions for Specific Undergraduate Degrees
There are exceptions, however. Spouses of international students pursuing specific professional degrees in undergraduate programs at universities can still apply for an SOWP. These programs include those leading to qualifications in:
- Dentistry (DDS, DMD)
- Law (LLB, JD, BCL)
- Medicine (MD)
- Optometry (OD)
- Pharmacy (PharmD, BS, BSc, BPharm)
- Veterinary Medicine (DVM)
- Nursing (BScN, BSN, BNSc)
- Education (B. Ed.)
- Engineering (B. Eng., BE, BASc)
Check: Complete list of things to/not-to pack while going to Canada from India for Students/Workers in 2024
Proof of Relationship and Enrollment Required
Applicants for a SOWP under the new rules will need to provide documentation proving their relationship to the student and their partner’s enrollment in a qualifying degree program. Accepted documents include:
- A valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
- A proof of enrollment letter from the student’s DLI
- Transcripts from the student’s current program
Existing Applications and Permit Holders – Spouse Dependant Visa Canada
The changes won’t affect those who applied for a SOWP before March 19, 2024, as long as their sponsoring student meets specific criteria:
- Holds a valid study permit
- Is eligible for a post-graduation work permit (PGWP)
- Studies full-time at 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 requirements also apply to current SOWP holders seeking to extend their permits.
Alternatives for Ineligible Spouses for Spouse Dependant Visa Canada
Spouses of international students who no longer qualify for a SOWP can explore alternative options like applying for a different type of work permit or a visitor visa (TRV). It’s important to note that visitors cannot work in Canada.
SOWPs allow holders to work for most employers in Canada and support IRCC’s goal of family reunification. However, the changes aim to streamline processing and address potential misuse of the program.
