IRCC Amends Eligibility Criteria for Spousal Open Work Permits
Immigration Refugees and Citizenship Canada (IRCC) has recently unveiled revised eligibility criteria for Spousal Open Work Permits (SOWP), affecting spouses of international students in Canada.
Gurmeet Sharma
Effective January 22, 2024, IRCC implemented significant alterations to Canada's international student program. Notably, spouses of international students enrolled in undergraduate and college programs are no longer eligible for SOWPs.
As of March 19, only partners and spouses of international students enrolled in master’s or doctoral degree programs at Canadian universities or polytechnic institutions remain eligible for a SOWP.
There are exceptions for spouses of undergraduate students pursuing specific professional degree programs at universities. These include degrees such as Doctor of Dental Surgery (DDS, DMD), Bachelor of Law or Juris Doctor (LLB, JD, BCL), Doctor of Medicine (MD), and others listed in the provided criteria.
Applicants for an SOWP must furnish documents proving their relationship to the student and evidence of their partner's enrollment in a degree-granting program. Acceptable documents include a valid Letter of Acceptance (LOA) or proof of enrollment letter from the Designated Learning Institution (DLI) and transcripts.
For those who applied before March 19, IRCC confirms continued eligibility if their partner holds a valid study permit, is eligible for a post-graduation work permit (PGWP), or is a full-time student at recognized educational institutions.
In the event of ineligibility for a SOWP, spouses and partners of international students have the option to apply for alternative work permits or a visitor visa (TRV). However, it's crucial to note that visitors to Canada are not authorized to work.
SOWPs play a pivotal role in facilitating family reunification and supporting IRCC's objectives. Immigration Minister Marc Miller, in a statement to the Standing Committee on Citizenship and Immigration (CIMM) on February 28, mentioned the restriction of SOWPs to partners and spouses of master’s and Ph.D. students as a measure to address volume and integrity concerns, aiming to curtail potential exploitation of the system.
