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Prior to January 21st, 2025, Spousal Open Work Permits (SOWPs) were a much easier proposition. Not anymore. Immigration, Refugees and Citizenship Canada (IRCC) tightened eligibility for SOWPs and other family permits.
If you're an international student or foreign worker in Canada hoping your partner can work too, here's what you need to know under the new rules.
The Basics
To be eligible for a SOWP, your spouse or partner must:
Be in Canada with valid temporary resident status (visitor, worker, or student)
Show that you, the principal applicant, fall into one of two approved buckets below:
1. If You’re an International Student
Your spouse may be eligible only if you’re:
Enrolled full-time in a master’s or doctoral (PhD) program at a Designated Learning Institution (DLI), or
Studying in a professional degree program like medicine, law, optometry, veterinary medicine, pharmacy, dentistry, or postgraduate medical training, or
In the thesis-only stage of one of these programs
If you're in a bachelor’s, diploma, or certificate program (even a really good one) your spouse no longer qualifies for a SOWP.
2. If You’re a Foreign Worker
Your spouse may be eligible if:
You have a valid work permit with at least 16 months remaining
You’re employed or will be employed in either:
any high-skilled occupation at the Training, Education, Experience and Responsibilities (TEER) category 0 (management) or 1 (professional) of the National Occupation Classification system or
a select high-skilled occupation at the TEER category 2 or category 3
If you’re working in TEER 4 or 5 (think food service, retail, general labor), the SOWP door is now closed.
What Changed and Why?
IRCC is looking to ensure that most immigration programs support the labour market needs, SOWP included.
Key Details to Keep in Mind
SOWPs are LMIA-exempt under R205(c)(ii) (code C41/C42).
You’ll need to prove your genuine relationship with documentation
Misclassifying your TEER level or lowballing your wage is one of the fastest ways to get refused. IRCC can spot when a job title is inflated. So don’t play smart with your NOC code
Who No Longer Qualifies
Spouses of students in undergrad programs, college diplomas, or short-term certificates
Spouses of workers in TEER 4 or 5 roles
Dependent children (they no longer get open work permits under this policy)
The January 21 2025 changes ended the “everyone-gets-a-permit” assumption. Double-check your wage level, TEER code, and program type before you hit “Submit” on your SOWP application.
If you are ready to add 🌶️ to your 🇨🇦 immigration plan, book some time with Westdale Immigration Consulting Inc.
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