Canada is well-known for its friendly environment, rich cultural diversity, and excellent educational system, which draws thousands of international students there every year. Numerous of these students bring their spouses or common-law partners with them, which raises crucial concerns regarding the prospects and eligibility for these accompanying partners. This page describes the requirements for qualifying and gives a summary of the choices and rights open to Canadian wives or common-law partners of study permit holders.

 

Understanding Study Permits

A study permit is a document provided by the Canadian government that enables international students to attend designated learning institutions (DLIs) in Canada. Study permits are normally granted for the duration of the program, plus an additional 90 days to allow students to prepare for departure.

 

Recent Changes to Work Permit Eligibility

On January 22, 2024, the Canadian government announced major changes to the international student program. One important change is that spouses of internationally students in undergraduate and college programs will no longer be eligible for an open work permit (SOWP). As of March 19, 2024, only spouses and common-law partners of international students enrolled in master's or doctorate degree programs at universities or polytechnic institutes are eligible to apply for an open work permit.

 

Exceptions for Undergraduate Students

There are some exceptions for spouses or common-law partners of undergraduate students. Spouses of students enrolled in specific professional degree programs may still apply for a SOWP. 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)

 

Eligibility Criteria for Spouses and Common-Law Partners

For those eligible, spouses and common-law partners can apply for an open work permit under the following conditions:

1. Relationship Status

• Spouse: Legally married to the study permit holder.
• Common-Law Partner: Must have lived together in a conjugal relationship for at least 12 consecutive months.

2. Study Permit Validity

• The study permit holder must be enrolled in a full-time program at a DLI and possess a valid study permit. For partners of undergraduate students, the study permit holder must be enrolled in one of the specific professional degree programs listed above.

3. Application Timing

• Spouses or common-law partners should apply for an open work permit after the study permit holder has received their study permit.

4. Application Location

• Applications can be made from inside or outside Canada. However, applying from within Canada is often more straightforward if the study permit holder is already present in the country.

5. Documentation Requirements

• Applicants must provide documents that prove their relationship to the student and at least one document showing proof of the partner’s enrollment in a degree-granting program. Acceptable documents include:
• A valid Letter of Acceptance (LOA) from a DLI
• A proof of enrollment letter from the spouse or partner’s DLI
• Transcripts from the spouse or partner’s current program

 

Application Process for Open Work Permits

Once eligible, spouses or common-law partners can apply for an open work permit. Here’s how:

1. Gather Documentation: Required documents typically include proof of relationship and proof of enrollment.
2. Complete the Application: Applications can be submitted online or via paper forms. It’s crucial to fill out all forms accurately to avoid delays.
3. Pay Fees: The application fee for an open work permit must be paid during the application process.
4. Wait for Processing: Processing times can vary, so applicants should check the current timelines on the Government of Canada website.

 

Benefits of Open Work Permits

Accompanying partners can enjoy many benefits while living in Canada with an open work permit:

• Flexibility: They can work in any field and for any business, allowing for a broad work experience.

• Networking Opportunities: Working in Canada enables partners to establish professional relationships, which can benefit their future employment.

• Financial Support: Helping with household finances can reduce financial stress for study permit holders, making their experience more manageable. 

• Canadian job experience can help with future immigration applications, making it a valuable route to permanent residency.

 

Conclusion

The opportunity for spouses or common-law partners of study permit holders to work in Canada significantly enhances the international student experience. Recent changes to eligibility highlight the importance of understanding specific criteria, particularly for those studying in undergraduate programs. Couples should thoroughly explore their options, ensuring they meet the updated requirements and stay informed about immigration policies from the Government of Canada. This knowledge is crucial for a smooth transition and successful experience in this vibrant country

 

Disclaimer: Canadian immigration laws and regulations are subject to change. The information in this article is meant as general guidance and may not represent the most recent legal developments at the time of your application. We recommend consulting official government resources or get advise from a certified legal professionals before making any decisions or acting on the basis of the information in this article.

To find out more, contact Astrox Immigration at: [email protected]

Direct : +1 647-625-3090