The Spousal Open Work Permit (SOWP) program offers a lifeline to spouses, common-law partners, and conjugal partners of Canadian citizens or Permanent Residents during the lengthy process of sponsorship for permanent residence. This initiative allows them to secure employment with any employer in Canada, ensuring financial stability while their immigration application progresses.
Effective January 22, 2024, IRCC has made changes to the eligibility for Spousal Open Work Permits (SOWP) for spouses of international students in Canada. Notably, spouses of international students enrolled in undergraduate and college programs are no longer eligible for SOWPs.
Immigration Minister Marc Miller mentioned during a comment to the Standing Committee on Citizenship and Immigration (CIMM) on February 28 that he was restricting SOWPs to the partners and spouses of master’s and PhD students. He explained that this measure aimed to address volume and integrity challenges in an area believed to be exploited and not necessarily legitimate.
That means from March 19 onwards, only spouses of international students studying for a master’s or doctoral degree in Canada are eligible for SOWPs.
Exceptions to SOWP Eligibility for Undergraduate Students
While recent changes in SOWP eligibility affect partners of undergraduate students, certain exceptions exist for spouses enrolled in specific professional degree programs at Canadian universities. These exceptions offer opportunities for spouses to apply for SOWPs despite the broader limitations.
Spouses of undergraduate students enrolled in the following professional degree programs at a university can still apply for a SOWP:
Bachelor programs
- Bachelor of Law or Juris Doctor (LLB, JD, BCL)
- Pharmacy (PharmD, BS, BSc, BPharm)
- Bachelor of Science in Nursing (BScN, BSN, BNSc)
- Bachelor of Education (B. Ed.)
- Bachelor of Engineering (B. Eng., BE, BASc)
Doctoral programs
- Doctor of Dental Surgery (DDS, DMD)
- Doctor of Medicine (MD)
- Doctor of Optometry (OD)
- Doctor of Veterinary Medicine (DVM)
Document Requirements for SOWP Applications
When spouses and partners apply for a SOWP, providing the necessary documentation is crucial to demonstrate the relationship and enrollment status of the student.
Spouses and partners seeking a SOWP must furnish documentation confirming their relationship with the student and evidence of their enrollment in a degree-granting program. IRCC accepts the following documents as proof:
- Valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
- Proof of enrollment letter issued by the spouse or partner’s DLI
- Academic transcripts from the spouse or partner’s ongoing program
IRCC requires these documents to ensure transparency and compliance with Canadian immigration regulations.
Eligibility for Prior Applicants Unchanged
According to IRCC, those who submitted a SOWP application before March 19 remain eligible, provided their partner meets these requirements.
- Holds a valid study permit
- Qualifies for a post-graduation work permit (PGWP).
- Is enrolled full-time at one of the following types of educational institutions.
- Public post-secondary schools (e.g., colleges, universities, or CEGEP in Quebec)
- Private college-level schools in Quebec.
- Canadian private schools that are authorized to confer degrees under provincial law (e.g., bachelor’s, master’s, or doctoral degrees).
Exploring Other Options Beyond SOWP
As SOWP eligibility criteria undergo revisions, individuals explore alternative options to maintain their status and work opportunities in Canada. Understanding these alternatives is crucial for spouses and partners of international students navigating the evolving immigration landscape.
Amidst changes to SOWP eligibility, spouses and partners of international students can consider several alternative pathways. These may include applying for different types of Work permits or opting for a Visitor Visa (TRV). However, it is essential to note that individuals entering Canada on a visitor visa are not authorized to engage in employment.
Free Immigration Assessement FormAs a closing remark, SOWP is vital in fostering economic stability and family unity within Canada’s immigration framework. A SOWP permits holders to work for nearly any employer in Canada, aligning with IRCC’s objective of facilitating family reunification.
ImmiLaw Immigration Law Professional Corporation, with a team of highly proficient immigration lawyers, aids with diverse immigration needs, including spouse visa applications. Connect with us to guide you through the intricacies of the spousal sponsorship process and to bring your partner to Canada to embark on a brighter future in Canada.
Feel free to contact us.
