During a recent announcement regarding changes to Canada’s temporary resident programs, Immigration Minister Marc Miller announced several significant changes to the eligibility criteria for Spousal Open Work Permits (SOWPs).
On September 18, Minister Miller noted that the department will be introducing further limits on SOWP eligibility for spouses of students in doctoral and certain master’s programs, select professional programs, and certain pilot programs.
This includes limiting work permit eligibility to spouses of master’s degree students to “only those whose program is at least 16 months in duration.”
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
The changes are in addition to IRCC’s announcement earlier this year that SOWPs would be available only to the spouses of students in specific master’s or doctoral programs at Canadian designated learning institutions (DLIs), with some exceptions for undergraduate degrees in high demand.
This is further impacted by IRCC’s decision to include master’s and doctoral students in the cap imposed on the number of study permits that will be issued in 2025. The department says 12% of the 437,000 study permits allocated for 2025 have been set aside for these students. Master’s and PhD students are not included in the 2024 study permit cap.
While he did not specify what other changes may come into effect, he did say over the next three years the changes would result in 50,000 fewer SOWPs being issued to the spouses of international students.
Temporary foreign workers also affected
Changes are also being made for SOWPs outside of the international student program.
IRCC says it plans to limit work permit eligibility to include only spouses of highly skilled, specialized workers. These include C-suite executives, scientists, engineers, lawyers, professors, and technicians, or spouses of workers in sectors where there are key labour shortages.
These changes are expected to result in 100,000 fewer SOWPs being issued over the next three years.
How to apply for a SOWP
No official ministerial instructions have been issued regarding the official date of the tightened SOWP restrictions.
However, as of April 30 this year, spouses of international students may apply for a SOWP if their sponsor is an international student in a master’s or doctoral program or one of the following professional degree programs:
- 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)
IRCC will also ask for one of the following:
- a valid letter of acceptance from the sponsor’s DLI;
- a proof of enrolment letter from their DLI; or
- transcripts from their current program.
Applicants must also provide proof that they are participating in one of the eligible pilot programs, if applicable, and other documents such as proof of the applicant’s relationship to the student.
Those who are approved can expect their SOWP to be valid for the same length of time as their sponsor’s study permit.
Other changes for temporary residents
The changes to SOWP eligibility are just one part of a suite of measures IRCC has undertaken this year. Some of the most dramatic changes have occurred in the international student program, with the introduction of a cap on the number of study permit applications IRCC will process in 2024, and a further reduction on that number to come in 2025.
The department has also added a Canadian Language Benchmark (CLB) requirement for many Post-Graduation Work Permit (PGWP) applications. University graduates must be able to prove a CLB of 7 in reading, writing, speaking, and listening. College graduates must have a CLB 5.
He says more details regarding temporary resident levels will be revealed in the upcoming Immigration Levels Plan, set to be released by November 1 this year. It will be the first time temporary resident levels will be included in the Plan, which sets targets for the number of newcomers Canada will welcome in the upcoming three years.
Over 2 million temporary residents arrived in Canada in 2023. Minister Miller says the increased restrictions are part of IRCC’s commitment to reduce the number of temporary residents in Canada from 6.5% of the population down to 5% in the next three years.
He noted that Canada’s economy has recovered from the COVID-19 pandemic and measures introduced at the time to increase immigration and bolster Canada’s labour force, while effective at the time, are no longer necessary.
