| Case Law: Spousal Open Work Permit (C42) | |||
|---|---|---|---|
| Sr. no. | Case Name | Topic | Decision |
| 1 | Badial v. Canada (Citizenship and Immigration), 2020 FC 108 | Federal Court Confirms That Applicants for SOWP Must Establish That Their Spouse Is a Current Full-Time Student | Unsuccessful |
| 2 | Sani v. Canada (Citizenship and Immigration), 2024 FC 396 | Study Permit Refusal Led to Reasonable Refusal of Accompanying Spouse's Work Permit | Unsuccessful |
| 3 | Toor v. Canada (Citizenship and Immigration), 2019 FC 1143 | Marriage Certificate Alone Does Not Establish a Genuine Relationship for a Spousal Open Work Permit | Unsuccessful |
| 4 | Zarate v. Canada (Citizenship and Immigration), 2026 FC 133 | Federal Court Confirms SOWP Cannot Be Issued Before the Principal Applicant Is Enrolled in Eligible Studies | Unsuccessful |
| 5 | Ghasemi v. Canada (Citizenship and Immigration), 2021 FC 1296 | Spousal Open Work Permit Refusal Found Unreasonable Because It Was Based Solely on an Unreasonable Study Permit Refusal | Successful |
| 6 | Sungai v. Canada (Citizenship and Immigration), 2025 FC 825 | Spousal Open Work Permit Refusal Set Aside Where IRCC Failed to Clarify the Sponsor's Study Status | Successful |
| 7 | Maan v. Canada (Citizenship and Immigration), 2020 FC 118 | Spousal Open Work Permit Refusal Set Aside After Officer Disregarded Full-Time Study Evidence | Successful |
| 8 | Adiele v. Canada (Citizenship and Immigration), 2025 FC 1256 | SOWP Refusal Quashed After Officer Ignored Evidence That the Principal Applicant Attended a Designated Learning Institution | Successful |
| 9 | Yip v. Canada (Citizenship and Immigration), 2025 FC 288 | SOWP Refusal and Misrepresentation Finding Upheld Based on Fraudulent Educational Credentials | Unsuccessful |
| 10 | Patel v. Canada (Citizenship and Immigration), 2023 FC 1394 | Spousal Open Work Permit Refusal Set Aside After Officer Improperly Found Misrepresentation | Successful |
Prepared
by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





