In the last update, January 22, 2024, about student policy and new spouse visa rules in Canada, the immigration minister had informed that the Spouses of foreign students studying in Canada would be changed and revised but no specific date and eligibility criteria was mentioned. Today, 19th March, 2024, New Spouse eligibility criteria and rules have been released.
Immigration Refugees and Citizenship Canada (IRCC) recently announced new rules and policies to get Spousal Open Work Permits (SOWP). These changes affect spouses of international students studying in Canada.
Changes Introduced
One significant change in new policy is that spouses of international students in regular undergraduate or college programs won’t qualify for SOWPs anymore.
New Eligibility Criteria
Now, as of March 19, only spouses of international students studying for a master’s or doctoral degree at a Canadian university or polytechnic institution can apply for a SOWP.
or spouses of students studying in one of these professional courses, these are the some exceptions for undergraduate programs:
- 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)
Required Documents
Partners seeking an SOWP need to provide documents proving their relationship with the student and evidence of the student’s enrollment in a degree program. These documents include:
- a valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI) or university
- proof of enrolment letter from their spouse or partner’s DLI
- transcripts from their spouse or partner’s current program
Existing Applicants
If someone applied for a SOWP before March 19:
they’re still eligible if their partner has a valid study permit, is eligible for a post-graduation work permit (PGWP), or is a full-time student at specific types of institutions.
If someone applied for a SOWP after March 19:
they will need to comply with new policies and rules for spousal open work permit.
Eligibility Criteria for SOWP
1. Must have a valid study permit.
2. Qualifies for a post-graduation work permit (PGWP) after studies
3. Enrolled as a full-time student at one of the following types of schools:
- A public college or university, or CEGEP in Quebec.
- A private college-level institution in Quebec.
- A Canadian private school authorized to grant degrees under provincial law, such as bachelor’s, master’s, or doctoral degrees
What are the options for Ineligible Spouses
Those who are no longer eligible for a SOWP can apply for other work permits or a visitor visa based on their spouse as a family member. However, if you apply for a visitor record you won’t be able to work in Canada.
Purpose of SOWP
SOWP allows holders to work for any employer in Canada and supports IRCC’s goal of reuniting families.
Reason Behind Changes
Immigration Minister Marc Miller mentioned that limiting SOWPs to master’s and PhD students’ partners aims to tackle challenges related to volume and integrity in the system, addressing concerns about misuse of the spousal program and tackling increasing immigration in Canada.
