Spousal Open Work Permit (SOWP) Canada: Eligibility and Changes Explained
If you came to Canada (or are planning to) because your spouse is studying here, the plan often looks simple: One person studies, the other works, and the household stays financially stable.
But over the last two years, changes to spousal open work permits have caught many families off guard. People who would have qualified in the past are now getting refusals, sometimes after spending thousands on tuition deposits, travel, and paperwork. The hardest part is that the rules don’t “feel” like they changed, until you’re the one who gets the refusal letter.
This guide explains what rules regarding the spousal open work permit (SOWP) in Canada look like today for spouses of international students, what IRCC recently restricted, and how to choose a practical next step — without guesswork.
Disclaimer (please read): This article is general information, not legal advice. Immigration rules and how they’re applied can change, and outcomes depend on your specific facts. If you need advice for your situation, speak with a qualified professional.
Quick Start / Pick Your Situation
Use this section to quickly figure out where you likely stand:
Start here (choose what fits you):
- My spouse is starting or already in a master’s program
- Confirm if the program is 16 months or longer (more on this below).
- My spouse is in a doctoral (PhD) program
- You may be eligible under the current rules.
- My spouse is in a professional degree program (like nursing, engineering, law, medicine, etc.)
- Only specific programs qualify. Check the IRCC list.
- My spouse is in a college diploma, certificate, undergraduate program (most cases), or a master’s shorter than 16 months
- You may not qualify for a SOWP based on student status alone.
- I’m already in Canada and my current status or work permit is expiring soon
- Don’t guess. Timing and status strategy matter.
What is the Canada Spousal Open Work Permit?
A Spousal Open Work Permit (SOWP) is a type of open work permit that can allow a spouse or common-law partner to work for almost any employer in Canada (with a few standard restrictions). “Open” means you typically don’t need a job offer or an LMIA for the permit itself.
For years, many spouses of international students relied on this pathway to help cover rent, groceries, childcare, and tuition-related costs.
The important update: IRCC narrowed who qualifies, especially for spouses of students.
Recent Eligibility Changes to the Spousal Open Work Permit
Below are the key shifts that spouses of international students should take note of:
- January 24, 2024 (IRCC announcement): IRCC stated that, “in the weeks ahead,” open work permits would be limited to spouses of students in master’s and doctoral programs, and spouses of students in other levels of study (including undergraduate and college) would no longer be eligible.
- March 19, 2024 (Implemented): Government briefing materials confirm IRCC implemented restrictions limiting eligibility to spouses of students in graduate programs and certain professional degree programs (plus limited pilots).
- September 19, 2024 (Policy direction): The Minister’s speaking notes signaled further restrictions were coming and projected fewer spousal work permits for this group over time.
- January 14, 2025 (Effective rule): IRCC formalized that family OWPs for spouses of students are limited to:
- Master’s programs that are 16 months or longer
- Doctoral programs
- Select professional degree programs and eligible programs
Who Qualifies Now (Spouses of Students)
As of the current IRCC guidance, your spouse or common-law partner may be eligible for an open work permit if you have a valid study permit and you’re studying in one of these categories:
Master’s Program (Must Be 16 Months or Longer)
This “16 months or longer” requirement is one of the biggest roadblocks.
What this means for you: Don’t rely on what the school “calls” the program (or how fast someone could finish). What matters is how IRCC assesses the program length and proof of enrollment. IRCC specifically lists “master’s degree program of 16 months or longer” as the qualifying category.
Doctoral (PhD) program
If the student is in a doctoral degree program, the spouse may qualify under this stream.
Certain professional degree programs at a university
IRCC lists specific professional degree programs (examples include dentistry, law, medicine, optometry, pharmacy, veterinary medicine, nursing degrees, education, and engineering).
What this means for you: Some of these are bachelor-level professional degrees (e.g. certain nursing, education, and engineering credentials), but they must match IRCC’s listed categories.
“Eligible programs” (Limited Pilots)
IRCC also lists a small set of eligible programs/pilots (for example, specific provincial initiatives and a supervised practice program in Ontario).
Who Usually Does Not Qualify (Based on Student Status Alone)
Under the current public guidance, spouses of students in these situations often do not qualify for an SOWP based purely on the student relationship:
- Many college diplomas or certificates
- Many undergraduate degrees outside the specific professional list
- Master’s programs shorter than 16 months
This, however, doesn’t necessarily mean “no options.” It means you likely need a different strategy. Perhaps you can get an employer-specific work permit with an LMIA, or another LMIA-exempt category if available, or focus on maintaining status while planning next steps.
Canada Spousal Open Work Permit Requirements (Documents Mini-Checklist)
IRCC’s spouse-of-student page describes the kinds of documents used to prove enrollment, such as a letter of acceptance, proof of enrollment, or transcripts.
In practice, many applications also include:
- Proof of relationship (marriage certificate or common-law evidence)
- Copy of the student’s study permit
- Proof the student is actively enrolled (letter + transcripts if available)
- Passport + digital photo + required forms
- Explanation letter (when program type/length could be misunderstood)
Step-by-Step Roadmap
Here’s a simple sequence we often recommend clients follow before submitting:
1. Confirm eligibility using the exact IRCC categories
- Is the student in a master’s (16+ months), doctoral, listed professional program, or eligible pilot?
- If not, pause and consider alternatives before paying new fees.
2. Gather strong enrollment proof
Per IRCC, acceptable proof includes a letter of acceptance, proof of enrollment, and transcripts.
Tip: If the program length is a potential issue, make it easy for the officer to confirm.
3. Build the application like a “one-glance” package
Include a short cover letter that states the qualifying category and points to the exact document that proves it.
4. Apply in the correct channel and keep copies
IRCC generally directs most applicants to apply online. Save PDF copies of what you submit.
5. Plan around timing and travel
If you’re applying from outside Canada, travel plans should account for potential delays, document requests, and biometrics (where applicable).
6. Track your status and prepare for follow-ups
If IRCC requests additional documents, respond quickly and consistently.
Common Mistakes We See (And How to Avoid Them)
Assuming “any master’s” qualifies
Since January 21, 2025, IRCC has limited eligibility to master’s programs that are 16 months or longer.
Applying with vague proof of enrollment
If the proof doesn’t clearly show the student’s program and status, you could risk facing delays or worse, a refusal. IRCC has listed acceptable documents to prove enrollment, so make sure your documents are complete and easy to verify..
Listing a program as “professional” when it’s not on IRCC’s list
Even if a program feels “professional,” IRCC uses a defined list of eligible professional degrees.
Missing the “big picture” (Status and strategy)
For families in Ontario, housing, work, childcare, and school timelines are interconnected. A rushed filing can create a bigger problem later (for example, a refusal that forces a fast pivot).
Relying on unofficial processing-time estimates
Processing times vary. If you’re searching “spousal open work permit processing time” online, you’ll see a lot of different timelines. The safest approach is to check IRCC’s official tool.
Processing Times of SOWP
IRCC updates processing times regularly through its official tool.
If you want the most accurate spousal open work permit processing time estimate for your situation, use that tool and select the work permit type and location that matches how you’re applying.
Common factors that can slow things down:
- Missing documents or unclear proof of enrollment or relationship
- Biometrics and background checks
- High application volumes
- Requests for additional documents
FAQs (Questions We Frequently Receive)
Is an SOWP guaranteed if my spouse is a student?
No. Eligibility is rule-based, and IRCC tightened the categories for spouses of students.
My spouse is in a one-year master’s. Do I qualify?
Under IRCC’s current wording, the master’s program must be 16 months or longer to qualify under that category.
My spouse is in a college diploma program in Ontario. Can I get an SOWP?
Often, spouses of diploma/certificate students are not eligible under the spouse-of-student open work permit rules, based on the current categories published by IRCC.
Which “professional degree programs” count?
IRCC publishes a list (examples include dentistry, law/JD, medicine, pharmacy, veterinary medicine, specific nursing degrees, education, and engineering). Always cross-check your exact credential name.
If I don’t qualify for an SOWP, what can I do?
Many people explore alternatives such as employer-driven work permits (sometimes involving an LMIA), other LMIA-exempt categories, or maintaining temporary status while planning next steps. The right path depends on your facts.
Can I apply from inside Canada or outside Canada?
IRCC provides online application instructions for spouses of students and explains the general process. Where you apply from can affect logistics and processing.
Where do I check the current processing time?
Use IRCC’s “Check processing times” tool for the most reliable estimate.
What if IRCC refuses? Can I reapply?
Sometimes reapplying makes sense if the refusal was due to missing evidence and you genuinely meet the criteria; other times, you need a different strategy. Get advice before spending more money or time on repeat filings.
In Summary
The biggest takeaway is simple: spousal open work permit changes have narrowed eligibility for spouses of international students. Today, the spouse-of-student SOWP is generally limited to families where the student is in a doctoral program, a master’s program of 16 months or longer, or a specific eligible professional/pilot program.
Before you apply, confirm the program category, build clean proof of enrolment, and check the official tool for the latest spousal open work permit processing time.
How Nihang Law Can Help
At Nihang Law Professional Corporation, we help individuals and families across Ontario make sense of immigration pathways, especially when rule changes create uncertainty.
If you’re unsure whether you qualify for a SOWP, worried about a refusal, or need a strategy that fits your family’s timeline (work, housing, school, and status), our immigration team can help you:
- Confirm eligibility based on the latest IRCC criteria
- Prepare a strong, well-organized application package
- Identify realistic alternatives if SOWP is not available
- Reduce avoidable delays and refusal risks
Book a consultation with Nihang Law to get clear, practical guidance for your next step.
Reminder: This article is general information, not legal advice. If you need guidance tailored to your situation, speak with a qualified professional.
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