Changes to Spousal Open Work Permit

Hello World! Today we would like to share the new changes to Spousal Open Work Permit (SOWP). Anyone currently looking to apply for a SOWP or obtain a Study Permit needs to be aware of these changes.

New Changes to SOWP

On September 27, 2021, Immigration, Refugees and Citizenship Canada (IRCC) made changes to the SOWP requirement. Following are the changes to the program.

1. SOWP Eligibility

IRCC has narrowed and clarified eligibility requirements for SOWP eligibility. It was previously based on being the spouse or common-law partner of a Study Permit holder. Now, only spouses or common-law partners of Study Permit holders eligible for a Post-Graduation Work Permit (PGWP) can apply for the SOWP.

Please read the following link to check if you are eligible for a PGWP.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html

2. Proof of a Genuine Relationship Required

IRCC has made it harder to assess the genuine relationship. They may request additional proof or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is not a relationship of convenience.

3. Principal Foreign National

The principal foreign national is the first foreign national of the couple who obtained a Study or Work Permit (NOC O, A, or B). The principal foreign national cannot obtain a SOWP based on the dependent spouse’s Open Work Permit, who originally got that based on the principal applicant.

For example, if a Study Permit holder’s spouse obtains a SOWP permit based on being the spouse of a Study Permit holder, then the Study Permit holder cannot stop studying to obtain an Open Work Permit based on the spouse’s skilled work (NOC O, A, or B).

For further information, refer to the following IRCC website.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2021-competitiveness-economy.html

Need Assistance ?

As you can see the above, SOWP applicants now need to prove a genuine relationship just like a sponsorship application for Permanent Residence.  

It is important to prepare a completed documentation package and understand new rules for granting applications.

If you need our assistance or advice, please feel free to send your form from here. We will get back to you as soon as possible

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