Spousal Open Work Permit: Eligibility and Considerations
If you are in Canada or planning to reside temporarily in Canada because your partner is studying or working here, you might qualify for a Spousal Open Work Permit (SOWP). This permit allows you to work anywhere in Canada, providing flexibility and opportunities while supporting your partner's endeavors. It is especially beneficial for those awaiting the outcome of their permanent residency application or accompanying their spouse during their stay in Canada.
What is a Spousal Open Work Permit?
A Spousal Open Work Permit grants individuals the flexibility to work for nearly any employer in Canada, subject to certain limitations, aligning with Immigration Refugees and Citizenship Canada’s (IRCC) goal of promoting family reunification. IRCC identifies a “spouse” as a spouse, common-law partner, or conjugal partner.
The duration of a Spousal Open Work Permit is tied to the permit of the spouse or 'lead applicant' and cannot exceed the expiration date of the applicant's passport. Upon expiration, individuals must reapply based on their spouse's new permit.
Eligibility Criteria
Eligibility for a SOWP depends on various factors, including your partner's status in Canada and the nature of their program.
To be eligible for a SOWP, you typically need to be the spouse or common-law partner of someone who holds a valid temporary resident status in Canada, such as a work permit or study permit. You may also be eligible for a SOWP if you are a spouse, common-law partner, or conjugal partner living in Canada who is being sponsored for permanent residence.
Recent changes have narrowed eligibility, excluding spouses of undergraduate students unless they are enrolled in specific professional degree programs.
Effective March 19, 2024, spouses of international students that are eligible for a Spousal Open Work Permit include:
Partners and spouses of international students enrolled in master’s or doctoral degree programs at recognized Canadian universities or polytechnic institutions
Partners and spouses of international undergraduate students in specific professional degree programs at universities. These programs include:
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)
When applying for a SOWP, providing documentation that verifies both the relationship and your partner's enrollment in an eligible program is crucial. This documentation includes a valid Letter of Acceptance or proof of enrollment from their educational institution, along with a marriage certificate or a Statutory Declaration of Common-Law Union.
Exploring Alternatives
If you don't meet the eligibility criteria for a SOWP, alternatives such as visitor visas or other types of work permits may be available to you. However, it is important to note that visitors to Canada are not permitted to work unless authorized by the appropriate permit. Participating in any employment within Canada without the appropriate work permit is illegal and could jeopardize future immigration endeavors.
Key Takeaways
The Spousal Open Work Permit serves as a vital tool in fostering family reunification and supporting the integration of spouses and partners into Canadian society. By staying informed and navigating the application process effectively, individuals can leverage this opportunity to work and thrive in Canada alongside their partners.
To learn more information or seek legal advice, please do not hesitate to reach out to our experienced law firm at rharding@hardingimmigrationlaw.com or book a consultation here.
