Recent Changes to Spousal Open Work Permits
Recent Changes to Spousal Open Work Permits
Introduction
According to IRCC, from January to August 2023, over 59,093 partners, spouses and children became permanent residents, surpassing the figures for 2022 (49,893) and 2021 (37,112). With 90% approval rates and 30-day processing times, spousal open work permits are an excellent choice for immigrants seeking to stay with their spouses while studying in Canada.
A recent amendment, effective March 19, 2024, has changed the eligibility standards, primarily benefiting spouses of full-time students in graduate or professional programs and those extending their spousal open work permits.
What is a Spousal Open Work Permit?
A Spousal Open Work Permit (SOWP) is part of an international mobility program work permit category. It is issued to spouses or common-law partners who are pursing an educational degree in Canada. It allows them to work anywhere in Canada while their partner continues to study.
To Whom are the Latest Changes to Spousal Open Work Permits in 2024 Applicable?
Spouses and common-law partners of the persons listed below are eligible for Spousal Open Work Permits in 2024.
- Students pursuing graduation at polytechnic institutions, seeking master’s or doctorates.
- Students studying legal studies, medical studies, or dentistry full-time in university.
- Spouses and common-law partners asking for an extension and currently hold an open work permit. The foreigners must be a spouse of full-time students at an accredited educational institution that can issue a Post-Graduation Work Permit (PGWP) and qualify for one.
Eligibility Requirements for Spousal Open Work Permit after March 19, 2024
To be eligible under spousal open work permit, the applicant should be in a genuine relation with the principal foreign applicant who in turn should fulfill the following requirements.
- Hold a current study permit, or if applying as a family group from outside Canada, have preliminary approval to study.
- Enroll full-time in any of the following graduate courses:
- 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 (BEd)
- Bachelor of Engineering (BEng, BE, BASc) only
To be eligible for a work permit, candidates must either physically remain in Canada during their studies or demonstrate their intention to do so. Those who were present in Canada at the time of application must maintain their lawful temporary residence status or be eligible for reinstatement.
Necessary Documents that Must be Submitted for Spousal Open Work Permit after March 19, 2024
Applications filed on or after March 19, 2024, require these documents below to determine a spouse’s eligibility for an open work permit:
- Confirmation of legal status as a spouse or in a common law partnership with the holder of a verified study permit, as established by a marriage license or any statutory declaration of Common Law Union (IMM-5409)
- Documentation that attests to the student’s enrolment in a degree program is mandated for spouses of those enrolled in graduate or professional courses. It could be a designated learning institution (DLI) admission dispatch, an enrollment letter, or valid transcript from their programs.
- If the applicant wants to extend their work permit, they must provide the same paperwork as was required for applications filed prior to March 19, 2024.
Conclusion
In light of the changes, applicants may have questions regarding the applicability of new rules to immigrants who applied before March 19, 2024, and afterward. To know how these changes will impact your application, contact our certified immigration consultant right away.
Further, this change might limit the number of applicants but will surely give a faster gateway to the ones who are still eligible. If you’ve been contemplating applying for a spouse-open work permit, now is the best time to do so. Make an appointment with one of our Immigration Consultants today!
