Canada Tightens Spousal Open Work Permit Rules for Students and Foreign Workers

Canada’s Spousal Open Work Permit (SOWP) program is undergoing significant changes that will impact international students and foreign workers. These changes, effective January 21, 2025, introduce stricter eligibility criteria, impacting many families planning to live and work in Canada. This article breaks down the key changes and what they mean for you.

Spousal Open Work Permit

A Spousal Open Work Permit (SOWP) allows spouses or common-law partners of eligible international students or foreign workers in Canada to work for any employer without restrictions. It helps families gain financial stability while their partner studies or works in Canada.

What’s Changing in Canada’s Spousal Open Work Permit?

For years, the Spousal Open Work Permit program has allowed spouses and common-law partners of international students and skilled workers to obtain open work permits. This enabled them to work for any employer in Canada, providing financial relief while their partners pursued studies or employment. However, the new rules will impose stricter qualifications.

Spouses of International Students: Who Still Qualifies?

Previously, spouses of all international students could apply for an open work permit, but the updated rules significantly limit eligibility.

Who is Eligible?

Spouses of students enrolled in specific graduate and professional programs will still qualify. These include:

• Master’s degree (minimum 16 months duration)
• PhD programs
• Select professional degrees, such as:
  • Doctor of Medicine (MD)
  • Doctor of Dental Surgery (DDS, DMD)
  • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
  • Doctor of Optometry (OD)
  • Pharmacy (PharmD, BS, BSc, BPharm)
  • Bachelor of Engineering (BEng, BE, BASc)
  • Bachelor of Education (BEd)
  • Bachelor of Science in Nursing (BScN, BSN, BNSc)
  • Doctor of Veterinary Medicine (DVM)

Who is No Longer Eligible?

Spouses of international students enrolled in undergraduate programs or non-qualifying courses will no longer be eligible for an open work permit. This change could lead to financial strain for many international families.

Spouses of Foreign Workers: Stricter Rules Introduced

The new regulations also redefine eligibility for spouses of foreign workers. Previously, spouses of all foreign workers could apply for open work permits, but now, eligibility will depend on occupation type and job duration.

Who Can Apply?

Eligible: Spouses of workers in TEER 0 and 1 occupations, which include executives, managers, and highly specialized technical professionals.

Conditionally Eligible: Spouses of workers in TEER 2 and 3 occupations, such as construction, healthcare, education, and natural resources. However, eligibility will be subject to whether their partner’s job is considered critical to labour shortages.

New Requirements:

• The principal foreign worker must have at least 16 months remaining on their work permit at the time of application.
• Biggest Shift: Dependent children of foreign workers will no longer be eligible for open work permits.

How to Apply for a Spousal Open Work Permit

If you or your spouse qualify under the new rules, follow these steps to apply for an SOWP:

1. Determine Eligibility: Check if your spouse’s work or study program falls under the updated criteria.
2. Gather Required Documents: Essential documents include proof of relationship, proof of your spouse’s work or study status, and evidence of eligibility.
3. Submit an Online Application: Applications must be filed through the Immigration, Refugees and Citizenship Canada (IRCC) portal.
4. Prepare for Delays: Due to the anticipated high volume of applications, early submission is recommended.

Final Words

The new Spousal Open Work Permit rules will have a major impact on families of international students and foreign workers in Canada. While the changes aim to align with labour market needs, they also create challenges for many. Those affected should explore alternative visa options and plan their next steps accordingly.

For the latest updates on visa regulations and immigration policies, stay tuned to our visa news section.