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Canada Tightens Spousal Open Work Permit Laws For Students And International Employees

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Canada’s Spousal Open Work Permit (SOWP) scheme is undergoing significant modifications that affect international students and employees. Starting on 21 January 2025, these modifications introduce more stringent qualification measures, affecting several families intending to settle and get employed in Canada. This article breaks down the significant changes and what they imply for you.

Spousal Open Work Permit

A spousal open work permit enables partners of common-law spouses of qualified international students or international employees in Canada to work for any employer without limitations. It assists households in obtaining financial stability while their spouse studies or gets employed in Canada.

What Is Changing In Canada’s Spousal Open Work Permit

The Spousal Open Work Permit scheme has enabled partners and common-law spouses of international students and skilled employees to get open work permits for years. This allowed them to operate for any employer in Canada, offering monetary ease while their spouses sought studies or jobs. Hence, the new laws will inflict more stringent certifications.

Partners Of Foreign Students Who Are Still Eligible

Before, partners of all international students could apply for an open work permit; however, the updated laws majorly restrict qualifications.

Who Is Qualified?

Partners of students registered in specific graduate and vocational courses will still be eligible. These comprise of:

  • Master’s program (at least 16 months period)
  • PhD courses
  • Select occupational programs like:
  • Doctor of Veterinary Medicine (DVM)
  • Doctor of Medicine (MD)
  • Bachelor of science in nursing (BSN, BSNcN, BNSc)
  • Doctor of Dental Surgery (DDS, DMD)
  • Bachelor of Education (BEd)
  • Bachelor of Law or Juris Doctor (LLB, BCL, JD)
  • Bachelor of Engineering (BEng, BASc, BE)
  • Doctor of Optometry (OD)
  • Pharmacy (PharmD, BS, BPharm, BSc)

Who Is Not Qualified?

Partners of international students registered in undergraduate courses or non-eligible programs will no longer be qualified for an open work permit. This modification could result in financial strain for several foreign households.

Partners Of International Employees: Stringent Laws Presented

The new laws also explain the qualifications for partners of international employees. Initially, partners of all international employees could apply for open work permits, but currently, qualifications will be based on profession and employment period.

Who Can Make An Application

Qualified: Partners of employees in TEER 0 and 1 professions, which includes administrators, supervisors, and highly skilled technical experts.

Conditionally qualified: Partners of employees in TEER 2 and 3 professions, like building, healthcare, education, and natural resources. Hence, qualification will be based on whether their spouse’s employment is crucial to labor shortages.

New Conditions

  • The leading international employees must have a minimum of 16 months on their work permit at the time of request.
  • Biggest adjustment: Dependent kids of international employees will no longer be qualified for open work permits.

How To Make An Application For A Spousal Open Work Permit

If you or your partner are eligible under the new laws, observe these stages to apply for a spousal open work permit.

  1. Specify qualification: Review if your partner’s job or study course falls under the updated measures.
  2. Assemble needed documents: Important documents include evidence of the relationship, evidence of your partner’s job or study status, and proof of qualification.
  3. Present an online application: Requests must be filed via the Immigration, Refugees, and Citizenship Canada (IRCC) portal.
  4. Prepare for delays: Early presentation is suggested Because of the expected high volume of requests.

The new spousal open work permit (SOWP) laws will significantly affect the households of international students and international employees in Canada. While the modifications intend to match labor market requirements, they also generate difficulties for several people. These impacted must investigate optional visa alternatives and plan their next steps accordingly.

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