Spousal Open Work Permit for International Students in Canada: Eligibility and Application Guide

As of April 30, 2024, the Canadian government has updated the eligibility criteria for Spousal Open Work Permits (SOWP) for spouses and common-law partners of full-time international students. Immigration Minister Marc Miller aims to reduce the proportion of temporary residents in Canada from 6.5% to 5% over the next three years.

This guide outlines the key eligibility categories, required documentation, and the application process to help you navigate this important aspect of studying in Canada.

Who is Eligible for a Spousal Open Work Permit?

1. Graduate Program Students

Spouses or common-law partners of full-time students enrolled in graduate programs (master’s and doctorate) qualify for the SOWP. Further changes later this year will reduce eligibility to spouses of master’s degree students enrolled in programs with a duration of at least 16 months.

2. Participants in Eligible Pilot Programs

If your spouse or partner is participating in an eligible pilot program administered by a province or territory, you can apply for the SOWP. These programs are designed to enhance skills and employment opportunities, providing stability for families.

3. Professional Degree Program Students

Spouses or common-law partners of full-time students enrolled in specific professional degree programs are also eligible. Acceptable programs include:

  • 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)

  • Bachelor of Nursing Science (BNSc)

  • Bachelor of Nursing (BN)

  • Bachelor of Education (BEd)

  • Bachelor of Engineering (BEng, BE, BASc)

 4. Current Open Work Permit Holders

Spouses or common-law partners holding a valid open work permit under the C42 category who are extending their permit as partners of full-time students in Post-Graduation Work Permit (PGWP) eligible programs at designated learning institutions (DLIs) are also eligible.

Documentation Required for Applications After April 30, 2024

When submitting your application, Canadian immigration officers will require specific documentation to assess your eligibility:

  • Proof of Relationship: Provide documentation that proves your relationship with the international student, such as:

    • Marriage certificate

    • Statutory Declaration of Common-Law Union (IMM 5409)

    • Other relevant proof of relationship

  • Proof of Enrolment: For spouses of students in graduate or professional degree programs, you must present proof of the international student’s enrollment. Acceptable documents include:

    • Acceptance letter from a designated learning institution (DLI)

    • Proof of enrollment letter from the DLI

    • Transcripts from the current program

  • Pilot Program Proof: If applicable, provide documentation confirming the international student’s participation in an eligible pilot program, such as a letter from the province or territory.

  • Extension of C42 Work Permit: If you are extending your C42 open work permit, include supporting documents required for your initial application.

How to Apply for a Spousal Open Work Permit

To successfully apply for a Spousal Open Work Permit:

  1. Ensure you meet one of the eligibility criteria outlined above.

  2. Gather the required documentation, including proof of relationship and the student’s valid study permit.

  3. Submit your application through the Immigration, Refugees and Citizenship Canada (IRCC) portal.

If you have any questions about the SOWP application process or need further assistance, don’t hesitate to reach out!

About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.

 

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