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Understanding the New Changes to Spousal Open Work Permits: What You Need to Know

Immigration Refugees and Citizenship Canada (IRCC) has released new details regarding changes to the eligibility for Spousal Open Work Permits (SOWP). These updates are crucial for international students and their families, aiming to understand how these changes might impact their plans and opportunities in Canada.

Key Changes Effective January 22, 2024

The IRCC has introduced significant changes to Canada’s international student program, particularly affecting the spouses of international students. One of the major updates is that spouses of international students enrolled in undergraduate and college programs will no longer be eligible for Spousal Open Work Permits (SOWPs).

As of March 19, 2024, the SOWP eligibility has been restricted further. Now, only the spouses or partners of students enrolled in master’s or doctoral degree programs at a university or polytechnic institution in Canada are eligible for a SOWP. This change aims to address both volume and integrity challenges within the SOWP system.

See: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html

Exceptions for Specific Professional Degree Programs

While the new rules tighten the eligibility criteria, there are exceptions for certain professional degree programs. Spouses of students enrolled in the following undergraduate professional programs at a university are still eligible to apply for a SOWP:

  • 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)

Documentation Required for SOWP Applications

Applicants for a Spousal Open Work Permit must provide documentation proving their relationship to the student and one of the following documents as proof of the student’s enrolment in a degree-granting program:

  • A valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
  • A proof of enrolment letter from their spouse or partner’s DLI
  • Transcripts from their spouse or partner’s current program

What If You Already Applied?

For those who applied for a SOWP before March 19, 2024, the original eligibility criteria still apply if their partner meets the following conditions:

  • Holds a valid study permit.
  • Is eligible for a post-graduation work permit (PGWP).
  • Is a full-time student at a public post-secondary school, a private college-level school in Quebec, or a Canadian private school that can legally award degrees under provincial law.

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

Alternatives for Non-Eligible Applicants

If you find yourself no longer eligible for a SOWP, there are alternative options. Spouses and partners can apply for other types of work permits or a visitor visa (TRV). However, it’s important to note that visitors in Canada are not permitted to work.

A SOWP offers significant benefits, allowing holders to work for almost any employer in Canada, which supports IRCC’s goal of promoting family reunification.

Why the Changes?

Immigration Minister Marc Miller, in a comment to the Standing Committee on Citizenship and Immigration (CIMM), stated that the limitation to spouses and partners of master’s and PhD students was introduced to address volume and integrity challenges within the SOWP system, which had areas being exploited and not necessarily legitimate.

Supporting Your Family’s Immigration Journey

At Tenn-K Consultants Ltd., we understand the importance of staying informed and prepared. These changes may seem daunting, but we are here to help you navigate through the new regulations and explore the best options for you and your family. Whether you need assistance with applications or finding alternative solutions, our dedicated team is ready to support your journey towards a successful and fulfilling life in Canada.

For more information or personalized assistance, don’t hesitate to contact us at [email protected].

IRCC, Update
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