How a Spouse Can Get Canadian PR Before the International Student

In Canada, when a foreign national works in a qualifying study program, the spouse can work on a Spousal Open Work Permit Canada (SOWP). If one partner studies while another partner works, there is a higher chance of getting the PR. The spouse who is working would have gained enough Canadian experience by the time the student graduates, improving their chance of PR through an Express Entry. For programs that are longer, such as four-year programs, the non-studying spouse could even receive an Invitation to Apply (ITA) before the student graduates. Whereas for shorter programs like the two-year program, the student after graduation can obtain a Post-Graduation Work Permit (PGWP), while the spouse can renew the SOWP, giving the couple additional years of work authorization and moving them closer to getting a PR

The Study Programs That Make Your Spouse Eligible For SOWP

You must be enrolled in a qualifying study program for your spouse to be eligible for a Spousal Open Work Permit Canada. It must be a doctoral (PhD) program, a master’s degree program that is at least 16 months in duration, or a specific professional program such as:

• Doctor of Dental Surgery (DDS, DMD)
• Bachelor of Law / 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)

Other eligible programs are:

• Supervised Practice Experience Partnership – Ontario
• Nurse Re-Entry (Red River College Polytechnic) – Manitoba
• Internationally Educated Midwives Bridging Program (The University of British Columbia) – British Columbia
• Canadian Pharmacy Practice Program (CP3) (The University of British Columbia)
• Post-Degree Diploma: Nursing Practice in Canada (Langara College) – British Columbia
• Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recrutés à l’international – Quebec
• Projet de reconnaissance des compétences d’inhalothérapeutes formés à l’étranger – Quebec
• Projet de recrutement et reconnaissance des compétences de technologistes médicaux formés à l’étranger – Quebec
• Francophone Minority Communities Student Pilot (FMCSP) – Outside Quebec

Key Factors to Know – SOWP

1) Certain conditions determine work permit eligibility

SOWP can be obtained only under certain conditions. The student getting a work permit (Post-graduation work permit (PGWP) Canada) must be securing a job in an eligible occupation for their spouse to qualify for that falls under TEER 0 or 1, or an in-demand TEER 2 or 3, a Spousal Open Work Permit (SOWP).

2) Closed work permit through the Temporary Foreign Worker Program (TFWP)

In a situation where the graduate is not able to find qualifying employment and the non-studying spouse is not able to get a SOWP, alternate options are available. The non-studying spouse can apply for a closed work permit through the Temporary Foreign Worker Program (TFWP). It requires a valid job offer and, in most cases, a Labour Market Impact Assessment (LMIA).

3) Before choosing Confirm PGWP Eligibility

It is important to confirm that the study program chosen by the student who intends to work in Canada qualifies for a Post-graduation work permit (PGWP) Canada. PGWP eligibility depends on different factors such as the program’s duration, full-time status requirements, language proficiency, and compliance with the field of study (if applicable).

A Faster PR Path For the Working Spouse

Consider an example of a couple where one partner comes to Canada to pursue a two-year master’s program and the other partner receives a Spousal Open Work Permit (SOWP).  Here, while the one partner studies, the other partner works full-time in a skilled role and gains valuable Canadian work experience. After one year of eligible work, attending an official immigration language exam, and receiving an Educational Credential Assessment (ECA) for a foreign degree, the working spouse enters the Express Entry pool and qualifies for the Canadian Experience Class (CEC).

Once the studying partner gets a Post-Graduation Work Permit (PGWP) and secures skilled employment, then the spouse can renew the SOWP. As the work experience increases, the spouse's possibility of receiving an Invitation to Apply PR Canada increases. The spouse can apply for PR by including the partner on the PGWP as an accompanying spouse, giving them a higher chance of obtaining PR before their temporary status expires.

In case PR processing is delayed, then the principal applicant can apply for a Bridging Open Work Permit (BOWP), extending work authorization for up to two more years. The partner could then apply for an open work permit based on that status.

For further understanding and clarity contact ImmiLaw Global, India’s best immigration lawyers and consultants.