Canada: Fewer Foreign Nationals Eligible for Spousal Open Work Permit

The general requirements for spousal open work permits remain the same, with the following two additional requirements:

• Proof of a genuine relationship. Spousal applicants must now provide additional documents showing that there is a genuine spousal relationship with the principal foreign national and the relationship cannot have been entered into primarily for the purpose of acquiring any status or privilege under Canadian immigration laws.
  • Spouse. Applicants are considered spouses if they are married or are common law partners (a couple that has lived together for at least one year in a conjugal relationship) with the principal applicant.
  • Principal foreign national. A principal foreign national is defined as the first foreign national of a couple to obtain a study or work permit in Canada; this applicant remains the principal foreign national (the principal foreign national cannot obtain a spousal open work permit based on a spouse’s spousal open work permit)
• Minimum duration of work authorization. The principal foreign national must be authorized to work in Canada for at least six months after the IRCC receives the SOWP application.
• Spouses of work permit holders (C41). Spouses of work permit holders under certain classes are subject to other new requirements, in addition to the ones listed above, depending on their category, sub-category and National Occupation Code. Applicants should check the IRCC website for this information.
• Spouses of study permit holders (C42). Spouses of study permit holders must now provide additional documents showing that they are the genuine spouse of a study permit holder and that the principal foreign national is attending a designated learning institution, in addition to the previous requirements.

SOWPs provide a simplified path for spouses or common law partners to accompany the principal applicant during their stay in Canada. However, with the changes, foreign dependents may find it more difficult to obtain SOWPs and should ensure that they qualify under the new requirements.

SOWPs help to promote the competitiveness of Canada’s economy and academic post-secondary institutions by providing a streamlined solution for spouses to remain with their partners.

Canada will continue to support pro-immigration policies as it seeks to meet high immigration targets and maintain a competitive economy for highly-skilled talent.