Who is eligible for Spousal Open Work Permits (SOWP) in Canada after recent policy changes?

Eligibility for SOWP

Students who meet the eligibility criteria set by Immigration, Refugees, and Citizenship Canada (IRCC) can apply for a spousal visa. These criteria include being enrolled in certain eligible academic programmes, such as PhD programmes, Master’s degree programmes (with a minimum duration of 16 months) and professional courses like Doctor of Dental Surgery, Bachelor of Law (LLB), Pharmacy (B. Pharmacy, PharmD), Doctor of Veterinary Medicine (DVM), Doctor of Medicine (MD), Bachelor of Nursing (BN), Bachelor of Engineering (BEng), Doctor of Optometry (OD), BSE Pharmacy, Bachelor of Education (BEd).

In addition to the exciting academic prospects for students, these programmes provide opportunities for their spouses to apply for an open work permit. Thus, spouses have the opportunity to work full-time for the duration of their partner’s study in Canada.

The revised guidelines

With the changes introduced by Immigration, Refugees, and Citizenship Canada (IRCC) last week, international students can now apply for a SOWP alongside their study permit application. If the student is already studying in Canada, their spouse can apply for an open work permit if their spouse is still in their home country.

“We recommend that eligible students apply for their spousal visas along with their own visa applications, rather than filing separately under other categories like a visitor visa or delaying the application,” said Tirath Singh of Pinnacle Immigration. “Applying for a spousal visa alongside the primary application ensures that both visas are assessed simultaneously. Filing separately or under other categories, such as a visitor visa, could lead to unnecessary delays or rejections. Spousal visa approval alongside the student visa ensures the spouse can integrate into Canadian life sooner, contributing to family income or pursuing personal and professional growth without delays.”

He added that he simultaneously lodged the student visa and SOWP for a candidate recently, which proved to be a success. Both parties got the visa in compliance with the revised guidelines.

Conditions for extension

There are usually no issues if the student is already in Canada on a study permit and their spouse is on a work permit. If the duration of the work permit is set to expire before the study period, they can apply for an extension to match the remaining duration of the study period.

However, if the student is in the final semester of their study period, the spouse will not be eligible for an extension of their open work permit. “Therefore, if you’re nearing the end of your studies, it’s crucial to plan ahead not only for the completion of your studies but also for your spouse’s work situation,” said Aman Parmar of V Point.

Transitioning from SOWP to a Post-Graduation Work Permit

Once a student completes their studies in Canada, they may be eligible to apply for a Post-Graduation Work Permit (PGWP), which allows graduates to work in Canada for up to three years, depending on the length of their programme.

If a student transitions from a study permit to a PGWP, their application is treated as a new file. This means that if you apply for a work permit after completing your studies, it will be processed separately from your previous study permit. For those who wish to stay and work in Canada after their studies, this transition is a crucial step.

In such cases, the spouse may also be eligible for an open work permit under specific conditions. The spouse’s eligibility depends on whether the student on PGWP is employed in certain sectors under Canada’s Training, Education, Experience, and Responsibilities (TEER) system. Specifically TEER 0 or 1 occupations and in TEER 2 or 3 occupations sectors they should choose jobs with labour shortages or those linked to government priorities (e.g., natural sciences, healthcare, construction, education, etc.).

Alternatives to SOWP

For students who are not eligible under these specific programmes, their spouse has a few other options. The spouse can apply separately for a study permit or a visitor visa and they need to show strong financial proof to prove they can meet the living expenses in Canada.

If the spouse secures a visitor visa, they would be permitted to stay only for a specified duration, following which they would be required to return to their home country.

The spouse can alternately apply for any other work permit they may be eligible for under Canada’s various work permit programmes.