New Changes Announced By IRCC For Spousal Open Work Permits In 2024

More information about the modifications to the eligibility requirements for Spousal Open Work Permits (SOWP) has been made public by Immigration, Refugees and Citizenship Canada (IRCC). The department made several adjustments to Canada’s international student program on January 22, 2024.

The wives of foreign students enrolled in undergraduate and graduate programs will no longer be qualified for SOWPs, according to the IRCC. Spouses and partners of international students are only eligible for a SOWP as of March 19th if their sponsor is enrolled in a master’s or doctorate program at a Canadian university or polytechnic.

Undergraduate students’ wives or partners are exempt in certain cases. The following professional degree programs at universities also allow spouses of undergraduate students to apply for a SOWP.

1. Doctor of Dental Surgery (DDS/DMD)
2. Bachelor of Law or Jurist Doctor (LLB/JD/BCL)
3. Doctor of Medicine (MD)
4. Doctor of Optometry (OD)
5. Pharmacy (Pham D/BS/BSC)
6. Doctor of Veterinary Medicine (DVM)
7. Bachelor of Science and Nursing (BSCN/BSN/BNSC)
8. Bachelor of Education (BED)
9. Bachelor of Engineering (BEng)

Requirements

When applying for a SOWP, spouses, and partners must submit two documents: one proving their relationship to the student and the other proving their partner’s attendance in a program of study leading to a degree. IRCC acknowledges

1. Valid Letter of Acceptance LOA from a Designated Learning Institution (DLI)
2. Proof of enrollment letter from their spouse or partner’s DLI
3. Transcripts from their spouse or partner’s current program if you already applied

IRCC says that those who applied for an SOWP before March 19th are still eligible if their partner;

• Has a valid study permit
• Is eligible for a post-graduation work permit (PGWP)
• Is a full-time student at one of these types of schools
• A public postsecondary school such as a college, University, or SEP 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

These requirements are the same for current SOWP holders who apply to extend their existing permit

What if you’re not eligible?

If an international student’s spouse or partner is no longer eligible for an SOWP, they can apply for a visitor permit or another kind of work permit. On the other hand, visitors are not allowed to work in Canada.

Holders of a SOWP can work in Canada for nearly any employer. Additionally, it serves to further the IRCC’s mission to encourage family reunification. However, Immigration Minister Mark Miller stated that he was restricting SOWPs to the partners and wives of Masters and PhD students in a statement to the standing committee on citizenship and immigration on February 28.

Other Latest Updates

The minister made announcements on January 23, 2024, about the post-graduate work permit, student visas, and the end of the open work permit for spouses. Although the effect on already-existing files is now clear, there are still questions about when these modifications will be put into effect.

Impact on Existing Applications

The current modifications will not impact the files of those who have open work permit applications for their spouses that are still pending. Approvals are still being given and applications that are in the processing stage will keep being handled. But given the current state of affairs, future developments must be carefully considered.

Opportunities for Immediate Application

Since there is no set date for the spousal open work permit cessation to take effect, those who are thinking about this option should move quickly. Given the unpredictable nature of future policy changes, applying sooner rather than later may boost your chances of approval.

Eligibility of Spouses of New Student Visa Holders

Spouses of prospective students who have not yet enrolled in Canadian colleges may still apply for a spousal open work visa together. As of right now, there is no set deadline, so those who intend to study in Canada have the chance to start the spousal application procedure.

Travel Options for Approved Spousal Visas

Spouses whose visas have been approved but who haven’t yet visited Canada can do so at any time, even before the current news. Those whose visas are approved can arrange their move following the spousal open work permit approval, which is granted independently of travel.

Adding Dependents to Student Visa Applications

It is now possible for applicants for student visas to add their spouses and families at the same time. With this option, the application procedure can be expedited and family members can accompany the student to Canada for the duration of their studies.

Continuing Eligibility for PGWP Holders

Students can still invite their spouses to join them in Canada if they have a post-graduate work permit (PGWP). The modifications to the spousal open work permit do not impact this option for individuals enrolled in university degree programs or certain Advanced Studies.

Considerations for Private College Students

It is recommended that students attending private universities review the most recent roster of establishments with official authorization. Because spouses can only be called to Canada by students from approved schools, timely steps like switching to a government university can help with spousal immigration.

The fluidity of Canadian immigration laws is demonstrated by the modifications to the regulations governing student visas and spousal open work permits. People are urged to remain informed, act promptly, and think about how uncertainty can affect their immigration plans while it lasts.

Cap and Impact on Current Students

The imposition of a cap on the total number of research licenses granted is one of the main modifications. A cap of 300,000 study visas is in place as of January 2024. There are concerns regarding this cap’s potential effects on people who have already obtained a study visa or are enrolled in courses in Canada.

The explanation is crucial. Those who currently hold study permits are not affected by the cap in the past. However, a higher profile becomes crucial for prospective applicants, especially in the post-cap era.

Changes in College Affiliation and Work Permits

There has been a notable change in the legislation regarding the combination of private and public universities. Previously, students might be eligible for work permits after graduation from even private colleges that were associated with state universities. However, this will no longer be the case as of September 1, 2024.

Work permits will no longer be granted to students enrolled in private colleges affiliated through curriculum licensing agreements once they graduate. It’s important to stress that enrollments will be affected by this change beginning on September 1, 2024.

Campus Classification and Spousal Applications

Many students are looking for clarification on campus classification, specifically if a school is public, private, or affiliated. Finding this information is essential, and it is frequently available on the relevant College’s official website. Furthermore, the categorization of a student may not always be determined by the actual campus they attend.

Finding out the state of the main campus is crucial to figuring out if you qualify for work permits after graduation.