Spousal Open Work Permit (SOWP) for Spouses of International Students and PGWP Holders

A&M Canadian Immigration Law Corporation

Spousal Open Work Permit (SOWP) for Spouses of International Students and PGWP Holders

Canada allows certain spouses and common-law partners of temporary residents (students and workers) to apply for an open work permit, commonly called the Spousal Open Work Permit (SOWP).

This permit is highly valuable: it lets spouses work for almost any Canadian employer without needing a job offer. It strengthens financial stability, helps families stay together, and contributes to the Canadian economy.

Recent changes (January 2025) have narrowed eligibility for spouses of international students, but spouses of PGWP holders continue to qualify if the PGWP holder works in a skilled occupation.

Who Qualifies?

1. Spouses of International Students

You may qualify if your spouse:

  • Holds a valid study permit;
  • Is enrolled full time at a Designated Learning Institution (DLI);
  • Is studying in one of the eligible programs:
    • Master’s program (16 months or longer)
    • Doctoral program
    • Certain professional degrees (medicine, law, dentistry, optometry, pharmacy, veterinary medicine, nursing, education, engineering).

As of January 21, 2025, spouses of undergraduate, diploma, and certificate students no longer qualify for SOWP.

(IRCC official policy)

2. Spouses of PGWP Holders

You may qualify if your spouse:

  • Holds a valid Post-Graduation Work Permit (PGWP);
  • Is working in a skilled occupation (TEER 0, 1, 2, or 3 under the National Occupational Classification);
  • Can provide proof of current employment (job offer, pay stubs, or employment letter).

This ensures the SOWP is tied to Canada’s labour market needs while supporting family unity.

(IRCC family members of workers page)

What You Need to Prove

Whether you apply as the spouse of a student or a PGWP holder, officers typically examine four areas:

  1. Relationship genuineness – Marriage certificate, photos, communication logs, affidavits.
  2. Principal spouse’s valid status – Study permit or PGWP, plus enrollment or employment proof.
  3. Financial sufficiency – Bank statements, pay stubs, property, affidavits of support.
  4. Temporary intent – Evidence of ties to your home country, return plans, prior compliance with immigration rules.

Common Refusal Reasons (and How to Overcome Them)

  • Weak proof of relationship Submit multi-source evidence and contextual explanations. (Patel v. Canada, 2023 FC 1394).
  • Doubts about temporary intent Provide property ownership, family obligations, employment abroad. (Ali v. Canada, 2025 FC 1184).
  • Financial instability Provide a full financial package including income, savings, and assets. (Sopeyin v. Canada, 2023 FC 1435).
  • Principal spouse’s status unclear Include a valid study/work permit, enrollment letter, or employment verification. (Ali v. Canada confirmed officers must engage with this evidence).
  • Misrepresentation allegation Stress full disclosure. Courts confirm that insufficient documentation deception. (Patel).

Application Process

  1. Check eligibility – Confirm your spouse’s program (if a student) or occupation (if PGWP holder) qualifies.
  2. Prepare documents – Relationship proof, spouse’s permit and program/employment evidence, financial records, Letter of Explanation.
  3. Apply online – Submit via IRCC portal, pay required fees ($155 + $100).
  4. Complete biometrics and medical exams (if required).
  5. Receive SOWP – Permit duration will match the principal spouse’s study or work permit.

    Frequently Asked Questions

    Likely not. To qualify, the PGWP holder must work in a skilled occupation (TEER 0, 1, 2, or 3). If your spouse changes jobs into a skilled field, you may then apply.

    Yes. Many couples apply together so IRCC assesses both applications in alignment.

    It matches your spouse’s study permit (for students) or work permit (for PGWP holders).

    You can extend your SOWP, but your spouse’s new program or job must still meet eligibility.

    Why Legal Help Matters

    With IRCC’s tightened rules for students and the complexity of proving eligibility for PGWP spouses, refusals are common. Officers may misapply the law, ignore evidence, or make procedural errors. Federal Court cases (Ali, Patel, Sopeyin) show that many refusals are overturned when challenged.

    Our firm helps by:

    • Assessing whether you’re eligible before applying.
    • Preparing strong documentation and legal submissions.
    • Anticipating refusal reasons and addressing them upfront.
    • Representing you in fairness responses, reconsiderations, or judicial reviews if needed.

    Conclusion

    The Spousal Open Work Permit (SOWP) offers international families the chance to build a life together in Canada while the student or PGWP holder studies or works. But eligibility is now stricter, and applications face more scrutiny.

    Recommendation: Before applying, especially if your case involves complexities, consult our firm. We’ll help you present the strongest case possible — and maximize your chances of approval.

      Contact our office for details. Our immigration legal service in Winnipeg will assess your eligibility per CIC criteria and submit your application.