As of March 19, 2024, there’s an important update for spouses and common-law partners of international students in Canada. Here’s what you need to know about the expanded eligibility for open work permits:
If you’re an international student in Canada, you might wonder if your spouse or common-law partner can work alongside your studies. The good news is, under certain circumstances, they may be eligible for an open work permit. This permit allows them to gain valuable Canadian work experience and contribute financially during your stay.
Understanding Open Work Permits
An open work permit grants your spouse or common-law partner the freedom to work for any employer in Canada. There are, however, a few exceptions. They cannot be employed by businesses on a list of non-compliant employers or those offering specific services like striptease or escort services.
Eligibility for Spouses and Common-Law Partners:
If your spouse or common-law partner is applying for an open work permit on or after March 19, 2024
As of March 19, 2024, there’s an expanded eligibility for open work permits for spouses and common-law partners of international students. Here’s what you need to know:
Who is Eligible?
Your spouse or common-law partner can apply for an open work permit if:
You hold a valid study permit in Canada, AND
You are enrolled in one of the following programs:
A master’s or doctoral degree program at a university or polytechnic institute, OR
A specific professional degree program at a university. These professional 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)
Required Documents
To prove your spouse or common-law partner’s eligibility, they will need to submit one of the following documents:
A valid letter of acceptance from your designated learning institution (DLI)
A proof of enrolment letter from your DLI
Transcripts from your current program
Additional Documents
Immigration authorities may request additional documents, such as proof of your relationship with your spouse or common-law partner.
This update allows more spouses and common-law partners of international students to gain valuable work experience in Canada.
Alternative Work Permit Options
2) If your spouse or common-law partner applied for an open work permit before March 19, 2024
Does your spouse or common-law partner qualify for an open work permit?
There are three key requirements for your spouse or common-law partner to be eligible for an open work permit in Canada:
Valid Study Permit: You must hold a valid study permit to sponsor your partner’s work permit application.
Post-Graduation Work Permit (PGWP) Eligibility: You need to be eligible for a PGWP after completing your studies. This demonstrates a successful academic journey in Canada.
Full-Time Student Status: You must be actively enrolled as a full-time student at a designated learning institution (DLI). This includes:
Public post-secondary schools (colleges, universities)
CEGEPs in Quebec (Quebec’s pre-university colleges)
Private college-level schools in Quebec with degree-granting authority (bachelor’s, master’s, doctoral)
Meeting these criteria allows your spouse or common-law partner to apply for an open work permit, granting them the flexibility to work for any employer in Canada (excluding those on a non-compliance list or offering specific restricted services).
3) If your spouse or common-law partner is applying to extend their existing open work permit under this stream
Great news! If your spouse or common-law partner already holds an open work permit under this program, they might be eligible to extend it. To qualify for the extension, all three of these requirements must still be met:
Your Valid Study Permit: You must continue to hold a valid study permit in Canada.
Your PGWP Eligibility: You need to remain eligible for a post-graduation work permit (PGWP) upon completion of your studies.
Your Full-Time Student Status: You must maintain your full-time student status at a designated learning institution (DLI).
This includes:
Public post-secondary schools (colleges, universities)
CEGEPs in Quebec
Private college-level schools in Quebec with degree-granting authority (bachelor’s, master’s, doctoral)
By fulfilling these ongoing requirements, your spouse or common-law partner can extend their open work permit and continue gaining valuable work experience in Canada alongside your studies.
If your situation doesn’t meet the criteria for this specific open work permit, there might still be hope! Explore other work permit options available for spouses and common-law partners of international students.
Open Work Permit Validity Period
In most cases, the validity period of your spouse or common-law partner’s open work permit will align with the duration of your study permit.
Applying for the Open Work Permit
Due to a technical issue, online applications for open work permits are currently unavailable. However, there’s a workaround! Here’s how your spouse or common-law partner can apply:
For applicants outside Canada: When asked, “Are you a spouse, common-law partner, or dependent child of a person who has or is applying for a work permit?” they should select “Yes.”
For applicants within Canada: The question will be phrased slightly differently: “Are you a spouse, common-law partner, or dependent child of a person who holds a valid work permit or is applying for a work permit?” They should again answer “Yes.”
Important Note: Only spouses and common-law partners are eligible for this open work permit. Dependent children cannot apply under this category.
Benefits of Applying Online (Once Available)
Applying online offers several advantages for your spouse or common-law partner:
Reduced Costs and Faster Processing: No courier fees or waiting for mail delivery – the application reaches immigration authorities instantly, potentially leading to quicker processing times.
Improved Accuracy: The online system guides them through the application, minimizing the risk of errors or missing documents.
Easy Document Submission: Additional documents requested by immigration can be uploaded quickly and conveniently.
Application Status Updates: They can receive updates on their application status directly through their online account.
Preparation Steps for Applying Online
When online applications resume, your spouse or common-law partner will need to be prepared:
Scanning Equipment: Ensure they have a scanner or camera to create electronic copies of required documents.
Valid Payment Method: A valid credit or debit card will be required to pay application fees.
Instruction Guide: Encourage them to read the instruction guide thoroughly before starting the online application. This guide provides valuable insights on completing each section of the application form.
Application Fees: Be prepared to cover processing fees for your spouse or common-law partner’s application and any dependents included. The fee amount will be confirmed during the application process.
Online Account Creation: Your spouse or common-law partner will need to create an online account to access the application portal. This account allows them to submit the application, pay fees, and track its status.
By understanding the eligibility requirements and application process, you can help your spouse or common-law partner navigate the path towards obtaining an open work permit in Canada. This permit can significantly enhance their experience in Canada while you pursue your studies.
More details: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html
