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Introduction

Immigration Refugees and Citizenship Canada (IRCC) has recently implemented significant updates to the eligibility criteria for Spousal Open Work Permits (SOWP). These changes, announced on January 22, 2024, aim to refine and streamline the SOWP program, ensuring alignment with broader immigration policies and priorities.
Changes Affecting Eligibility for SOWPs:

• Spouses of undergraduate and college-level international students are no longer eligible for SOWPs.
• Eligibility is now restricted to spouses whose sponsor is enrolled in a master’s or doctoral degree program at a university or polytechnic institution in Canada.

One of the notable adjustments introduced by IRCC pertains to the eligibility of spouses of international students for SOWPs. These changes reflect IRCC's efforts to optimize the SOWP program, focusing on prioritizing applicants with stronger ties to academic pursuits at higher education institutions. By targeting eligibility based on the level of education pursued by the sponsor, IRCC aims to enhance the program's effectiveness in supporting the integration of skilled individuals into the Canadian workforce while promoting family reunification.

Background Information

Updates on Temporary Cap and Study Permit Application Requirements:
Temporary Cap Implementation: IRCC has announced a temporary cap on the number of study permits issued to international students for 2024.The cap is expected to result in approximately 360,000 approved study permits, marking a significant decrease of 35% from 2023.
Caps will be introduced for each province and territory, weighted by population, to address unsustainable growth in certain regions.
Impact on Study Permit Applications: Effective January 22, 2024, every study permit application submitted to IRCC will require an attestation letter from a province or territory (PT). PTs are expected to establish processes for issuing these letters by March 31, 2024.
Exclusion Criteria: The caps do not impact current study permit holders or renewals, and exemptions are granted for those pursuing master’s and doctoral degrees.
IRCC plans to reassess the cap in 2025 to evaluate its effectiveness and make any necessary adjustments.
Changes to Post Graduation Work Permit (PGWP) Eligibility Criteria:

September 2024, international students enrolled in study programs that are part of curriculum licensing arrangements will no longer be eligible for the PGWP.Curriculum licensing arrangements, where students attend private colleges licensed to teach the curriculum of associated public colleges, lack sufficient oversight compared to public colleges. This loophole compromises the integrity of PGWP eligibility.
Extension for Master’s Graduates:
Graduates of master’s programs and other short graduate-level programs will be eligible to apply for a 3-year work permit, providing them with extended opportunities to gain Canadian work experience and transition to permanent residency.
Under the current criteria, the length of the PGWP is determined by the duration of the study program. However, this disproportionately limits master’s students' eligibility for gaining Canadian work experience.

Eligibility Criteria for Spousal Open Work Permits
New Requirements:

The eligibility criteria for Spousal Open Work Permits (SOWPs) have undergone significant updates, impacting the spouses of international students pursuing undergraduate and college-level education in Canada.

Explanation of Updated Eligibility Criteria:

• Restriction for Undergraduate Spouses: Under the revised regulations, spouses of undergraduate and college-level international students are no longer eligible for SOWPs.
• Focus on Higher Education: The updates emphasize the importance of higher education in determining SOWP eligibility for spouses. Instead of allowing open work permits for spouses of students in lower-level programs, the focus is now on supporting spouses whose sponsors are engaged in advanced academic pursuits.

Introduction of New Requirement:

• Sponsor's Enrollment in Master’s or Doctoral Program: A pivotal change introduced is the requirement for the sponsor (the international student) to be enrolled in a master’s or doctoral degree program at a university or polytechnic institution in Canada. This criterion serves as a benchmark for determining the eligibility of spouses for SOWPs.
• Rationale Behind Requirement: By mandating enrollment in advanced degree programs, IRCC aims to ensure that SOWPs are granted to spouses who are likely to contribute to Canada's workforce and economy in significant capacities. The emphasis on master’s or doctoral programs underscores the value placed on higher education in facilitating successful integration into the Canadian labor market.

Exceptions for Undergraduate Students

• Spouses of undergraduate students can still qualify for Spousal Open Work Permits (SOWPs) under specific circumstances.
• Exceptionally, spouses of undergraduate students enrolled in certain professional degree programs are eligible to apply for SOWPs.

Eligible Professional Degree Programs for SOWPs:
The following professional degree programs qualify spouses of undergraduate students for SOWPs:

• 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, BNSc)
• Bachelor of Education (B. Ed.)
• Bachelor of Engineering (B. Eng., BE, BASc)

These exceptions provide opportunities for spouses of undergraduate students enrolled in specific professional degree programs to apply for SOWPs, facilitating their ability to work in Canada while supporting their partners' academic pursuits.
Application Process for Spousal Open Work Permits
IRCC accepts:

• a valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
• a proof of enrolment letter from their spouse or partner’s DLI
• transcripts from their spouse or partner’s current program

Considerations for Previous Applicants
IRCC confirms that individuals who submitted a SOWP application prior to March 19 remain eligible if their partner meets the following criteria:

• Holds a valid study permit.
• Qualifies for a post-graduation work permit (PGWP).
• Enrolls full-time in specific types of educational institutions:
• Public post-secondary institutions, such as colleges or universities, or CEGEP in Quebec.
• Private college-level institutions in Quebec.
• Canadian private schools authorized to confer degrees under provincial law (e.g., bachelor’s, master’s, or doctoral degrees).

These conditions also apply to current SOWP holders seeking to renew their permits.