Eligibility for the SOWP for Spouses and Common-Law Partners of International Students: What Does the Future Hold?
Originally Published on CILA.co
This blog post, Authored by Igor Kyryliuk, Holthe Immigration Law, was originally pubslished on Cila.co blog website on August 7, 2024.
In March 2024, Canada introduced significant reforms to the Spousal Open Work Permit (SOWP) program, affecting thousands of international students and their spouses.
These changes come as part of Canada’s efforts to address pressing challenges, including economic and housing crises, and to resolve issues within its immigration system. In this context, the Minister of Immigration, Marc Miller, described the immigration system in Canada as “a system that got out of control,” emphasizing the need for swift and decisive changes to existing immigration policies.
The discussion on possible fixes began with public debates in 2023 on reducing the number of temporary residents, signaling imminent and significant changes. These changes were soon implemented in 2024, starting with the introduction of Provincial Attestation Letters for international students and followed by much stricter rules for SOWP eligibility. Canada is now aiming to reduce the number of temporary residents to under 5% of its total population.
In this blog post, we’ll delve into the changes to the SOWP program and explore potential future trends. Will there be more restrictions, or will we see more relaxed eligibility requirements for the spouses of international students in the future?
2024 Changes to SOWP Eligibility
Starting April 30, 2024, spouses of international students can apply for the SOWP only in specific scenarios. To be eligible for the Spousal Open Work Permit, the applicant must be a spouse or common-law partner of an international student enrolled in one of the following programs:
Master’s program,
Doctoral degree program,
Eligible pilot programs, or
Specific professional degree programs.
The eligibility for spouses or common-law partners of international students enrolled in Master’s and Doctoral degree programs is straightforward. As regard the “eligible pilot program”, there is currently just one in Quebec (Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recruté-e-s à l’international). What’s interesting however, is the list of specific professional degree programs, which includes:
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),
Bachelor of Nursing Science (BNSc),
Bachelor of Nursing (BN),
Bachelor of Education (BEd),
Bachelor of Engineering (BEng, BE, BASc).
Essentially, by virtue of this list above, the SOWP eligibility has been extended to spouses of international students enrolled in undergraduate (Bachelor) degree programs in Nursing, Pharmacy, Education, Law, and Engineering. Other undergraduate programs do not allow spouses of international students to get their Spousal Open Work Permits.
Addition of Bachelor of Nursing (BN)
Interestingly, the Bachelor of Nursing (BN) was added to the list just recently, on July 3, 2024. This addition was made to clarify and simplify the eligibility assessment for the SOWP for the spouses of international students enrolled in undergraduate Nursing programs. Along with this, IRCC also separated Bachelor of Nursing Science (BNSc) from Bachelor of Science in Nursing (BScN, BSN) for additional clarification.
Why Did IRCC Make Exceptions for Some Undergraduate Degree Programs?
When examining the list of professional degree programs eligible for the Spousal Open Work Permit (SOWP), you might wonder why there’s “special treatment” for spouses of international students in certain undergraduate programs. Nursing programs, in particular, stand out.
The answer lies in Canada’s labor market and economic needs.
It’s no secret that Canada faces severe labor shortages in specific industries. Healthcare is one of the most vulnerable sectors of the economy. The COVID-19 pandemic highlighted the understaffing in the medical system, making it clear that Canada needs to attract and retain healthcare professionals. By allowing the spouses of international students in certain undergraduate programs to apply for SOWP, Canada aims to facilitate the retention of these valuable skilled foreign nationals.
The same logic applies to spouses of international students enrolled in undergraduate degrees in pharmacy, education, engineering, and law. Economic priorities and labor market shortages are the main reasons behind the decision to make exceptions to the new SOWP eligibility rules.
Will There Be a Growing List of SOWP Eligibility Exceptions in the Future?
Predicting the future is challenging, but we can make an educated guess based on past trends. The logic is clear: exceptions to the new SOWP eligibility are likely if they help address Canada’s economic and labor market needs. To understand who Canada aims to attract, we can look at past decisions, such as the introduction of “Category-Based Express Entry Draws.”
On May 31, 2023, IRCC announced six categories for the new Express Entry draws. These included a francophone category and five categories for individuals with work experience in healthcare, STEM, trades, transportation, and agriculture. According to IRCC, in 2023:
29% of all invitations to apply issued via Express Entry were sent to individuals with work experience in STEM,
18% were sent to individuals with strong French proficiency skills,
10% were sent to individuals with work experience in healthcare occupations,
3% were sent to individuals with work experience in trades,
2% were sent to individuals with work experience in transportation, and
1% were sent to individuals with work experience in agriculture and agri-food.
The healthcare category (which includes NOC 32101 for Licensed Practical Nurses) was among IRCC’s top priorities when selecting candidates from the pool in 2023. This trend in supporting nurses (and their families), as we see, has been extended to creating special exceptions to the SOWP eligibility.
While we can only speculate at this point, it seems likely that IRCC may expand the list of special professional degree programs eligible for SOWP to other in-demand industries. Based on the existing categories, the extended list might include programs such as:
STEM: Bachelor of Science (B.Sc.) in Computer Science, Bachelor of Information Technology (B.IT), Bachelor of Applied Science (B.A.Sc) in Engineering,
Transportation: Bachelor of Aviation Management, Bachelor of Technology (B.Tech.) in Transportation Systems, Bachelor of Business Administration (BBA) with a focus on Transportation and Logistics Management,
Trades: Bachelor of Technology (B.Tech.) in Trades and Technology Leadership, Bachelor of Science (B.Sc.) in Construction Management, Bachelor of Technology (B.Tech.) in Automotive and Vehicle Technology,
Agriculture: Bachelor of Science (B.Sc.) in Agriculture, Bachelor of Science (B.Sc.) in Agricultural and Environmental Sciences, Bachelor of Science (B.Sc.) in Food Science,
Francophone: Bachelor of Arts (B.A.) in Francophone Studies, Bachelor of Arts (B.A.) in French Translation, Bachelor of Arts (B.A.) in French Linguistics.
As mentioned, at this point, we can only speculate if spouses of international students enrolled in these proposed programs will become eligible for Spousal Open Work Permits in the future. However, IRCC is known for its ability to make rapid changes when needed, adapt, and modify its programs to address emerging needs and challenges. Therefore, it is possible that these changes will be implemented in the future.
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About the author:
Igor Kyryliuk
Canadian Immigration Lawyer, LLM
