As of April 2025, Canada has introduced significant changes to the eligibility criteria for Spousal Open Work Permits (SOWPs). These changes, implemented in January 2025, are aimed at managing the number of temporary residents and addressing labor market needs. This guide will help you understand whether you qualify and how to apply under the updated rules.
Eligibility for Spouses of International Students
Spouses or common-law partners of international students can apply for an open work permit, but new restrictions now apply. To qualify, the international student must be enrolled in a master’s or doctoral degree program in Canada that is at least 16 months long. Undergraduate and college diploma students no longer make their spouses eligible for work permits.
Applicants must provide a valid letter of acceptance from a designated learning institution (DLI) and proof of full-time enrollment. Without these documents, applications will not be processed.
Eligibility for Spouses of Foreign Workers
The eligibility of spouses of foreign workers now depends on the principal applicant’s occupation. Only those working in managerial, professional, or technical jobs categorized under Training, Education, Experience, and Responsibilities (TEER) 0 or 1 can sponsor their spouse’s work permit.
Additionally, the foreign worker’s permit must have at least 16 months of remaining validity at the time of the spouse’s application. Those employed in lower-skilled jobs (TEER 2-5) no longer make their spouses eligible for open work permits.
Application Process and Requirements
Applications must be submitted online through Canada’s immigration portal. Required documents include proof of relationship, the principal applicant’s enrollment or job verification, and any supporting financial documents. Processing times vary, so applicants should apply well in advance.
Impact of Policy Changes
The new regulations are expected to reduce the number of spousal work permits issued by approximately 100,000 over the next three years. Many spouses who previously qualified for work permits will no longer be eligible, potentially affecting the job market and the ability of some foreign workers to bring their families. Canadian employers may also struggle to attract international talent due to these new restrictions.
Alternative Options
For those who do not qualify under the new rules, other options exist. Some spouses may secure an employer-specific work permit by obtaining a valid job offer from a Canadian employer willing to go through a Labor Market Impact Assessment (LMIA). Another long-term option is applying for permanent residency through pathways like Express Entry or Provincial Nominee Programs.
Conclusion
The new eligibility criteria for Canada’s Spousal Open Work Permit program have made it more challenging for spouses of international students and workers to obtain work authorization. Understanding these changes and preparing the right documentation will be key to a successful application. Prospective applicants should explore alternative options or consult an immigration professional to assess their best course of action.