Zarate v. Canada (Citizenship and Immigration), 2026 FC 133 : Federal Court Confirms Spousal Open Work Permit Cannot Be Issued Before the Principal Applicant Is Enrolled in Eligible Studies

The Federal Court dismissed a judicial review of the refusal of a spousal open work permit application under the International Mobility Program. The applicant argued that his spouse’s unconditional letter of acceptance into a post-graduation work permit (PGWP)-eligible program was sufficient to establish eligibility. The Court held that the visa officer reasonably concluded the application had been filed too early because the applicant’s spouse had not yet enrolled in or begun full-time studies.

Key Principle

For a spousal open work permit based on an international student, an acceptance letter alone does not establish eligibility where the principal applicant has not yet enrolled in or commenced full-time studies in a PGWP-eligible program. Applicants bear the burden of demonstrating that all eligibility requirements have been met at the time the application is assessed.

Background

The applicant’s spouse was initially admitted to an English language program before receiving an unconditional letter of acceptance into a one-year Human Resources Certificate program beginning several months later. After the first spousal open work permit application was refused, the applicant reapplied using the unconditional letter of acceptance.

The visa officer refused the second application, concluding that although the spouse had been accepted into a qualifying program, she was not yet studying or enrolled in full-time studies at the time of the decision and therefore the applicant was not yet eligible for a spousal open work permit.

Court Findings

• An Acceptance Letter Does Not Establish Eligibility

Justice Roy held that the officer reasonably distinguished between receiving an acceptance letter and actually being enrolled in or actively pursuing a PGWP-eligible program. The unconditional letter of acceptance alone did not satisfy the applicable eligibility requirements.

• The Application Was Filed Prematurely

The Court agreed with the officer’s conclusion that the applicant had applied too early. At the time of the decision, the spouse had not yet begun her full-time program and there was no evidence demonstrating she was enrolled or actively engaged in qualifying studies. Accordingly, the officer reasonably determined that the applicant was not yet eligible for a spousal open work permit.

• No Procedural Fairness Breach Occurred

The Court rejected the applicant’s procedural fairness argument arising from the officer’s request for an original acceptance letter. Requesting additional documentation did not deprive the applicant of any participatory rights, and the officer fully considered the acceptance letter before concluding that it did not establish eligibility.

Outcome

The Federal Court dismissed the application for judicial review, confirming that the refusal was reasonable. The decision reinforces that applicants seeking a spousal open work permit must establish that the principal applicant is enrolled in or actively pursuing eligible full-time studies, and that an acceptance letter alone will not satisfy this requirement.

Case Citation:

Zarate v. Canada (Citizenship and Immigration), 2026 FC 133 (CanLII)