Immigration Refugees and Citizenship Canada (IRCC) has recently announced updates to the eligibility criteria for Spousal Open Work Permits (SOWP), introducing significant changes affecting the partners of international students in Canada. Here’s what you need to know about these updates.
Changes in Eligibility Criteria
On January 22, 2024, IRCC implemented modifications to Canada’s international student program, impacting the eligibility of spouses of international students enrolled in undergraduate and college programs for SOWPs. Effective March 19, 2024, partners and spouses of international students can only qualify for a SOWP if their sponsor is pursuing a master’s or doctoral degree program at a university or polytechnic institution in Canada.
Exceptions for Spouses of Undergraduate Students
However, there are exceptions for spouses of undergraduate students enrolled in specific professional degree programs at universities. Spouses of undergraduate students pursuing degrees such as Doctor of Dental Surgery (DDS, DMD), Doctor of Medicine (MD), or Bachelor of Engineering (B. Eng., BE, BASc) remain eligible to apply for a SOWP.
Documentation Requirements
Partners and spouses applying for an SOWP must provide evidence of their relationship to the student and proof of the student’s enrollment in a degree-granting program. Acceptable documents include a valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI), proof of enrollment letters, or transcripts from the student’s current program.
Applying for SOWP
For those who applied for a SOWP before March 19, eligibility remains unchanged if the sponsoring partner holds a valid study permit, is eligible for a post-graduation work permit (PGWP), or is enrolled full-time in designated educational institutions.
Alternatives for Ineligible Applicants
Spouses and partners no longer eligible for a SOWP have the option to apply for other types of work permits or visitor visas (TRV). However, visitors arriving in Canada are prohibited from engaging in employment activities.
IRCC’s Perspective
IRCC views SOWPs as a means to promote family reunification while addressing concerns regarding the integrity of the program. Immigration Minister Marc Miller, in a statement to the Standing Committee on Citizenship and Immigration (CIMM) on February 28, emphasized the decision to limit SOWPs to partners and spouses of master’s and PhD students as a measure to address volume and integrity challenges within the system.
Understanding the recent updates to SOWP eligibility criteria is essential for individuals affected by these changes. By staying informed and exploring alternative options, spouses, and partners of international students can navigate these adjustments effectively.
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