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Canada recently made changes to spousal open work permits requirement. These changes are significant enough and is a major step to close loopholes in Canadian immigration. Anyone currently looking to apply for spousal open work permit or studying in Canada or looking to obtain a Canada study permit/study visa needs to be aware of these changes. Following are the changes to Canadian Immigration:

Only spouses of study permit holders eligible for a post-graduation work permit (PGWP) can apply for the spousal open work permit.
There can now only be 1 principal foreign national for a family
Requirement for proof of a genuine relationship

Educate Yourself: Beware of Fraud In Canadian Immigration.

1. Only Students Studying In PGWP Eligible Courses Can Apply For Spousal Open Work Permit

Only spouses of students’ studying in a course that is eligible for PGWP (Post Graduate Work Permit), can apply for spousal open work permit.

2. There can now only be 1 principal foreign national for a family:

The principal foreign national is the first foreign national of the couple who obtained a study or work permit (NOC O, A, or B). The principal foreign national cannot obtain a spousal open work permit based on the dependent spouse’s open work permit, who originally got that based on the principal applicant. Bottom line, primary applicant cannot obtain an open work permit based on secondary applicant.

For example, if a study permit holder’s spouse obtains a spousal open work permit based on their study, then the study permit holder cannot stop study in-between to obtain open work permit based on their spouse’s skilled work (NOC O, A, or B).

Similarly, if a person on closed LMIA work permit in NOC O, A, or B skill sponsors his/her spouse, then he cannot apply for an open work permit once his/spouse gets NOC O, A, or B job.

Previous Scenario:

Step 1: Mr. K came to Canada on study visa.

Step 2: Mr. K (principal applicant) sponsors his wife from India on an open work permit based on his study.

Step 3: Mr. K quit his study and apply for open work permit based on his wife’s job (NOC O, A, or B skill), who is on open work permit.

Now both can work full-time and earn, despite their original basis of entry being study.

New Scenario:

Step 1: Mr. K came to Canada on study visa.

Step 2: Mr. K sponsors his wife from India on an open work permit based on their study.

Step 3: Mr. K “CANNOT” quit his study and apply for open work permit based on his wife’s job (NOC O, A, or B skill), who is on open work permit.

Mr. K will have to continue his study.

3. Requirement for proof of a genuine relationship:

A foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership:

was entered into primarily for the purpose of acquiring any status or privilege under the Act or
is not genuine

If officers have concerns as to genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.

In simple language, IRCC has made their approach harder to assess genuine relationship to discourage people just marrying for entering Canada. IRCC may ask for additional proofs to establish a genuine relationship.

(Source: IRCC Official Website)

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