The rules for which spouses and common-law partners of international students are eligible for open work permits have been tightened by Canada.
Under the new measure, valid for applications received on or after March 19, the spouses or common-law partners are only eligible if the international student both holds a valid study permit and is studying in either:
- a master’s or doctoral degree program in a university or polytechnic institution, or;
- one of the following professional degree programs at a university:
- 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)
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Spouses, Common-Law Partners Must Provide Proof Of Their Relationship To International Students
When applying for the open work permit, the spouse or common-law partner of the international student must provide one of the following documents to prove the student’s enrolment in a degree-granting program of study:
That can be a:
- a valid letter of acceptance from the designated learning institution (DLI);
- a proof of enrolment letter from that school, or;
- transcripts from the student’s current program of study.
The spouse or common-law partner must also provide additional documents to show their proof of their relationship to the international student.
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Prior to the new measure coming into effect, spouses or common-law partners of international students were eligible for an open work permit when the student had a valid study permit, was eligible for a Post-Graduate Work Permit (PGWP), and was a full-time student at:
- a public post-secondary school, such as a college or university, or a CEGEP in Quebec;
- a private college-level school in Quebec, or;
- a Canadian private school that can legally award degrees under provincial law.
Spouses and common-law partners can apply online for these open work permits but due to a current technical issue for online applications, they must use the following instructions when applying:
- applicants outside Canada must answer “yes” when asked, “Are you a spouse, common-law partner or dependent child of a person who has or is applying for a work permit?”, while;
- applicants in Canada must answer “Yes” when asked: “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?”
Dependent children of international students are not eligible to apply for open work permits under this category.