IRCC to Reduce Spousal Open Work Permits by Over 100,000 in the Next Three Years

In a recent update on Canada’s temporary resident programs, Immigration Minister Marc Miller announced significant changes to the eligibility criteria for Spousal Open Work Permits (SOWPs). These changes are set to drastically reduce the number of SOWPs issued, aiming for a reduction of more than 100,000 over the next three years.

Restrictions on International Students’ Spouses

On September 18, Minister Miller outlined that stricter limits will be applied to SOWP eligibility for spouses of students enrolled in certain educational programs. These include doctoral, specific master’s programs, and select professional and pilot programs. The changes are particularly focused on limiting SOWPs for spouses of master’s degree students to only those whose programs are at least 16 months in duration.

This announcement builds on earlier changes introduced by IRCC, which restricted SOWP eligibility to spouses of students in specific master’s or doctoral programs at Canadian Designated Learning Institutions (DLIs). There are some exceptions, such as for certain undergraduate degrees in high-demand fields.

Study Permit Caps Affecting SOWP Availability

Further complicating the situation, master’s and doctoral students will now be included in the cap for study permits issued in 2025. IRCC has allocated 12% of the 437,000 study permits for these students, though they remain exempt from the 2024 cap.

These combined changes are expected to result in 50,000 fewer SOWPs issued to the spouses of international students over the next three years.

Changes for Temporary Foreign Workers’ Spouses

In addition to the student-related adjustments, the IRCC is also narrowing the eligibility for SOWPs issued to the spouses of temporary foreign workers. The new rules will limit permits to the spouses of highly skilled workers, including C-suite executives, scientists, engineers, lawyers, professors, and technicians. Spouses of workers in sectors with critical labour shortages may also still qualify.

These changes are forecasted to further reduce SOWPs by another 50,000, bringing the total reduction to over 100,000 by 2027.

How to Apply for a Spousal Open Work Permit

Despite the upcoming changes, the application process for a SOWP remains in place for now. As of April 30, 2024, spouses of international students can apply for a SOWP if their sponsor is enrolled in an eligible master’s, doctoral, or professional degree program, such as:

• 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)

Applicants must provide proof of the sponsor’s enrollment in an eligible program or participation in one of the designated pilot programs. The SOWP will be valid for the same length as the sponsor’s study permit.

Broader Changes to Temporary Residency

These SOWP adjustments are part of a larger suite of changes being implemented by IRCC. One of the most significant shifts is the cap on study permits, starting in 2024, with further reductions expected in 2025. Additionally, a Canadian Language Benchmark (CLB) requirement has been introduced for Post-Graduation Work Permit (PGWP) applicants, requiring university graduates to achieve a CLB 7 and college graduates to meet a CLB 5 in all four language skills.

Minister Miller also hinted at more changes to temporary resident levels in the upcoming Immigration Levels Plan, due by November 1, 2024. This will be the first time that temporary resident targets are officially included in the Immigration Plan, which typically focuses on permanent residents.

With over 2 million temporary residents arriving in Canada in 2023, these changes aim to reduce the temporary resident population from 6.5% of the total population to 5% by 2027. Miller noted that Canada’s post-pandemic economic recovery no longer necessitates the high levels of temporary immigration seen in recent years.