Immigration Refugees and Citizenship Canada (IRCC) has recently announced updates to the eligibility criteria for Spousal Open Work Permits (SOWP), sparking a wave of concern and discussion among international students and their partners. The changes, effective as of March 19, 2024, come as part of broader reforms to Canada’s immigration policies.
Previously, SOWPs were accessible to the spouses of foreign students enrolled in undergraduate and graduate programs. However, under the revised regulations, eligibility for SOWPs has been restricted, with only partners of students enrolled in master’s or doctoral programs at accredited Canadian universities or polytechnics qualifying for the permit.
This move follows earlier adjustments made to Canada’s international student program, including a reduction in student visa issuance by 35 percent. These changes signal a continuation of the country’s current stance on immigration, which some view as increasingly restrictive.
While exceptions exist for spouses of undergraduate students enrolled in specific professional degree programs, the overarching trend suggests a deliberate effort to deter immigration. Partners of undergraduate students pursuing degrees of the following subjects remain eligible for SOWPs:
- Doctor of Medicine (MD)
- Doctor of Dental Surgery (DDS, DMD)
- Doctor of Optometry (OD)
- Doctor of Veterinary Medicine (DVM)
- Pharmacy (PharmD, BS, BSc, BPharm)
- Bachelor of Law or Juris Doctor (LLB, JD, BCL)
- Bachelor of Science in Nursing (BScN, BSN, BNSc)
- Bachelor of Engineering (B. Eng., BE, BASc)
- Bachelor of Education (B. Ed.)
For individuals who applied for a SOWP before March 19, eligibility remains if their partner meets certain criteria, including holding a valid study permit and being enrolled full-time at qualifying institutions. Similarly, current SOWP holders seeking to extend their permits must meet these requirements.
Those no longer eligible for a SOWP have the option to apply for alternative work permits or visitor visas (TRV), though the latter prohibits employment. The SOWP, which allows holders to work for any employer in Canada, serves as a means to promote family reunification, aligning with IRCC’s mandate.
In a recent comment to the Standing Committee on Citizenship and Immigration, Immigration Minister Marc Miller justified the restrictions, citing concerns over volume and integrity challenges, suggesting the previous system may have been exploited.
The latest changes to SOWP eligibility criteria reflect the Canadian government’s ongoing efforts to address immigration dynamics while balancing economic and social considerations.
