SOWP/Dependent Visa

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A Spousal Open Work Permit (SOWP) allows the spouses or common-law partners of temporary foreign workers and international students in Canada to work for any employer in Canada. This permit is designed to help families stay together and support each other while contributing to the Canadian economy. This Open Work Permit allows the individual to work in any job designation they are qualified for even without the LMIA restrictions.

The Government of Canada recognizes the importance of family unity and provides the Spousal Open Work Permit (SOWP) to support couples. This immigration program allows individuals to bring their spouse, common-law partner, or conjugal partner to Canada, offering them the opportunity to live and work together.

As of 2024, the rules for obtaining a Spousal Open Work Permit (SOWP) in Canada have undergone significant changes. According to the new regulations issued by Immigration, Refugees and Citizenship Canada (IRCC), the eligibility criteria for SOWPs are now more restrictive.

Eligibility Criteria

To be eligible for a Spousal Open Work Permit, you must meet the following requirements:

For Spouses of Temporary Foreign Workers:

Your spouse must have valid work permit
Your spouse work permit or authorized work must be valid for at least 6 months after we receive your family member’s open work permit application.
Your spouse must be employed or will be employed in a high-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 0, 1, 2 , and 3 or low-skilled occupation such as Teer 4 and 5 of the National Occupation Classification system) at the time your family member submits their application.
Your spouse must be living or plan to live in Canada while working.

Spouses and common-law partners of temporary foreign workers

The principal foreign national has a valid work permit.
The principal’s work permit is valid for at least 6 months after the date the SOWP is filed.
The principal is employed in an eligible occupation.
They plan to reside in Canada while employed.

Spouses and common-law partners of international students

According to recent update from IRCC effective from March 19, 2024, following partner can apply for sowp:

Spouses of international students can obtain a SOWP only if the principal applicant (the student) is enrolled in:
- A master’s or doctoral degree program at a recognized university or polytechnic institution.
studying in 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 (BEd)
- Bachelor of Engineering (BEng, BE, BASc)

Your spouse or common-law partner must provide one of the following documents to prove your enrolment in a program of study:

a valid letter of acceptance from your designated learning institution (DLI)
a proof of enrolment letter from your DLI
transcripts from your current program

Documentation Required

To apply for a SOWP, applicants must provide:

Proof of the marital or common-law relationship (e.g., marriage certificate, joint financial documents).
Proof of the student’s enrollment in an eligible program (e.g., acceptance letter, enrollment letter from the institution).
Additional supporting documents as specified by IRCC

Benefits of a Spousal Open Work Permit

Flexibility: The permit allows for employment in any region, any field, for any employer in Canada providing flexibility and economic opportunities.
Support: Contribute to your family’s income and support your spouse during their stay in Canada. This helps the families to stay together while the primary applicant studies or works in Canada
No LMIA or Job Offer Required: Unlike other work permits, a job offer from a Canadian employer is not necessary to apply for a SOWP.
Canadian work experience builds a pathway to PR: A year of work experience in Canada invariably gets you the privilege to apply for a Canadian PR.

Key Points

Validity: The validity for a Spousal open work permit is the same as the validity of their partner’s study or Canadian work permit. It can be renewed if the principal applicant’s status is extended.
Dependent Children: Dependent children of the principal applicant may also be eligible to study in Canada without needing a separate study permit.

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