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Open Work Permits for Spouses or Partners of International Students, the latest update

Posted on 31/05/2024

If you are an international student in Canada, your spouse or common-law partner may be eligible for an open work permit. That’s the good news. What’s a little less positive is the fact that the rules for eligibility depend on when you applied (or will apply) in 2024. There are basically three periods involved as well as eligibility criteria for extensions of spousal open work permits:

• Applications for an open work permit submitted by your spouse before March 19, 2024.
• Applications for an open work permit submitted by your spouse between March 19 and April 29, 2024.
• Applications for an open work permit submitted by your spouse on or after April 30, 2024.
• Applications for an extension of your spouse’s open work permit also have eligibility criteria.

Let’s go through the 4 categories and see what you need to keep in mind. You’ll notice that the changes to the eligibility criteria mostly concern you – the principal applicant who is or will be studying in Canada. Your spouse’s eligibility criteria, on the other hand, are essentially the same throughout the periods, but we’ll list them as well below.

I: Applications submitted before March 19, 2024

In all of the categories immigration officials will check if your relationship with your spouse/partner is genuine, similar to a spousal sponsorship application. Make sure you have documentation supporting your relationship – whether it be marriage certificates or evidence of living together as a couple or any other documentary evidence that supports your relationship.

The specific eligibility criteria for this category are:

• You as an international student studying in Canada must:
  • Have a valid study permit or be approved for a study permit if applying as a family group from outside of Canada
  • Be studying full-time or have proof of enrollment in full-time studies at a Designated Learning Institution (DLI)
  • Be accepted by or be enrolled in a post-secondary program at an institution that is eligible for work permits
  • Be physically present in Canada or have proof that you plan to be physically present in Canada while studying.
• Your spouse/partner must:
  • Have valid temporary resident status or be eligible for restoration of status as a temporary resident
  • Be eligible to apply for a work permit from inside or outside Canada

II: Applications submitted between March 19 and April 29, 2024

• You as an international student studying in Canada must:
  • Have a valid study permit or be approved for a study permit if applying as a family group from outside of Canada
  • Be studying full-time or be enrolled in a full-time graduate program at a university or polytechnic institution
  • Or be studying or enrolled in a professional degree program at a university (e.g. law, medicine, dentistry – see full list of professional degree programs below)
  • Be physically residing in Canada or have proof of plans to physically reside in Canada while studying.
• Your spouse/partner must:
  • Have valid temporary resident status or be eligible for restoration of status as a temporary resident
  • Be eligible to apply for a work permit from inside or outside Canada.

III: Applications submitted on or after April 30, 2024

• You as an international student studying in Canada must:
  • Have a valid study permit or be approved for a study permit if applying as a family group from outside of Canada
  • Be physically residing in Canada or have proof of plans to physically reside in Canada while studying.
  • Be either one of the following:
    • Be participating in an eligible pilot program run by a province or territory
    • Be studying in or have proof of enrollment in a graduate program
    • Be studying in or have proof of enrollment in a professional program
  • Your spouse/partner must:
    • Have valid temporary resident status or be eligible for restoration of status as a temporary resident
    • Be eligible to apply for a work permit from inside or outside Canada.

IV: Applications to extend a work permit made on or after March 19, 2024

The eligibility criteria are the same as those in place before March 19, 2024 and are as follows:

• You as an international student studying in Canada must:
  • Have a valid study permit
  • Be eligible for a Post Graduate Work Permit (PGWP)
  • Be a full-time student at one of the following:
    • A public post-secondary school
    • A private college-level school in Quebec
    • A private post-secondary school that legally awards degrees under provincial law
    • A vocational training institute in Quebec
  • Your spouse/partner applying for the extension of their open work permit must:
    • Provide proof that you’re a full-time student at an eligible post-secondary school – for example:
      • A letter of enrolment
      • A transcript if you’re already enrolled and studying
    • A copy of your study permit

Please note: Graduate programs means programs offering master’s and doctorate degrees.

Please note: Professional programs means the following degrees:

• 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 (BEd)
• Bachelor of Engineering (BEng, BE, BASc) only

Summing up:

Over the past several months, IRCC has broadened the eligibility criteria for you, the international student studying in Canada, to enable your spouse/partner to apply for an open work permit. For example:

• Before March 19, 2024 you had to be studying (or going to study) in a master’s or doctorate degree program to qualify your spouse for an open work permit.
• Between March 29 and April 29, 2024, professional degree programs were added as an option to the postgraduate requirements already in place.
• On or after April 30, 2024, provincial pilot programs were added as a third option to postgraduate programs and professional degree programs.

 

 

Posted in News Tips and tagged Spousal open work permit