Last Updated On 19 March 2024, 12:02 PM EDT (Toronto Time)
Immigration, Refugees, and Citizenship Canada (IRCC) has made new eligibility requirements for the Spousal Open Work Permit (SOWP) public today.
These new requirements come into effect today, on March 19, 2024.
This was a much-needed clarification after the new rules for international students announced by the Immigration Minister at the beginning of 2024.
Initially, announced as new changes to SOWP “within coming weeks,” has now officially came in effect.
What is the new Canada Spousal Open Work Permit Eligibility Criteria for 2024?
International students’ spouses or partners who wish to apply for an open work permit as a spouse or common-law partner must fulfill the requirements outlined below.
There are now 3 scenarios under which the spouse or common-law partner of an international student is eligible to apply for an open work permit, effective March 19, 2024.
1. If spouse or common-law partner applies for an open work permit on or after March 19, 2024
Beginning March 19, 2024, if you are enrolled in classes in one of the professional degrees with a valid study permit, your spouse or common-law partner may be eligible for an open work permit.
A professional degree program at a university, such as a master’s or doctorate program, or one of the following at a polytechnic institution:
- Dental Surgery Doctor (DDS, DMD)
- Juris Doctor or Bachelor of Law (LLB, JD, BCL)
- Medical doctor (MD)
- Doctor of Pharmacy (PharmD, BS, BSc, BPharm), Doctor of Optometry (OD)
- Veterinary medicine doctor (DVM)
- Nursing Bachelor of Science (BScN, BSN, or BNSc)
- Education Bachelor’s Degree (B. Ed.)
- Engineering Bachelor’s Degree (B. Eng., BE, BASc)
Your spouse or common-law partner must present one of the following documents to prove your enrollment in a degree-granting program of study:
- A legitimate letter of acceptance from the educational institution of your choice (DLI).
- A letter of verification of enrollment from your DLI
- Transcripts for the current program
- Proof of their relationship with the student
2. If spouse or common-law partner applies for an open work permit before March 19, 2024
If, prior to March 19, 2024, your spouse or common-law partner submitted an application for an open work permit,.
Your spouse or common-law partner may be eligible for an open work permit if you meet the following three requirements:
- You have a valid study permit.
- Your current study program is eligible for a post-graduation work permit (PGWP).
- You attend one of the following kinds of educational institutions as a full-time student:
- a public post-secondary school, such as a college or university, or CEGEP in Quebec
- a private college-level school in Quebec
- a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree)
3. If your partner or spouse wants to apply for an extension of their current open work permit,
- You have a valid study permit.
- Your current study program is eligible for a post-graduation work permit (PGWP).
- You attend one of the following kinds of educational institutions as a full-time student:
- a public post-secondary school, such as a college or university, or CEGEP in Quebec
- a private college-level school in Quebec
- a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree)
How long will the Canada spousal open work permit be valid?
Most of the time, the validity of the spousal open work permit is the same as the duration of the study of their husband or wife on a study permit.
What is the Canada spousal open work permit?
The spousal open work permit allows the spouse or common-law partner of an international student in Canada to work for any employer without needing any LMIA or a job offer.
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