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globexaimmigration · 21 days ago

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Apply Spouse Visa before of 21st Jan or Jan 21

The proposed changes to the Spouse Open Work Permit policy are no longer just a proposal, they have now become official policy. Starting January 21, 2025, significant changes will be implemented regarding Spouse Open Work Permit (SOWP) applications and extension applications.

This is a major and impactful update that will affect many individuals. If you were planning to apply or extend your spouse’s open work permit, it’s crucial to stay informed and prepared. The new policy brings about a series of important adjustments that could impact your application process and eligibility.

As an immigration firm dedicated to providing up-to-date information and expert guidance, Globexa Immigration will continue to monitor any further changes and provide insights to help you navigate the new rules.

Just one week ago, we shared an update regarding the proposed changes to the Spouse Open Work Permit (SOWP). At that time, it was still a proposal, and we advised you to relax until it became an official policy. Well, the wait is over, the proposed changes have now officially become policy. As of January 21, 2025, there are major changes to the SOWP application process that you should be aware of.

1.1 What Does This Mean for You?

Starting from January 21, 2025, primary applicants (whether they are students or on work permits in Canada) will need to meet specific requirements to apply for a Spouse Open Work Permit. One of the key changes is the minimum education requirement for the primary applicant’s spouse to qualify for a work permit.

To be eligible, the primary applicant must have completed a 16-month Master’s degree, or they must be enrolled in a doctoral program. Additionally, certain specific bachelor’s degree programs are now eligible, including:

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)

Bachelor of Nursing Science (BNSc)

Bachelor of Nursing (BN)

Bachelor of Education (BEd)

Bachelor of Engineering (BEng, BE, BASc)

If you have already completed a bachelor’s degree in one of these fields, you will need to pursue a 16-month Master’s degree in order to be eligible to apply for a Spouse Open Work Permit or an extension.

If you are in Canada on a study or work permit, and your spouse wishes to apply for an open work permit, you must meet these updated education requirements. This new policy introduces significant changes to the eligibility criteria for SOWP applications and extensions, so it’s crucial to understand the updated rules and plan accordingly.

1.2 New Education Requirements for Spouse Open Work Permit Applications

Previously, the requirements for a Spouse Open Work Permit may have seemed more flexible. However, under the new rules, your spouse will now typically need a Master’s degree to apply for an open work permit. There are some exceptions for specific Bachelor’s degree programs, but keep in mind that a Bachelor’s degree typically takes four years to complete. So, if you’re enrolled in a four-year Bachelor’s degree program, you may still be eligible to apply for a Spouse Open Work Permit.

1.3 What’s an Even Bigger Update? Job Level Criteria

The most significant change, however, pertains to the job level of the primary applicant (i.e., the student or work permit holder in Canada). If you are finishing your studies and planning to apply for a Post-Graduation Work Permit (PGWP), and you also want to apply for a Spouse Open Work Permit (SOWP) for the first time from outside Canada or extend an existing SOWP, the primary applicant’s job level will now be a determining factor.

For the primary applicant’s spouse to qualify for a SOWP, the primary applicant must have a Tier 0 or 1 occupation, or Tier 2 or 3 occupations in labour shortage sectors. These sectors include:

Natural and Applied Sciences (though this is a highly competitive field)

Construction

Healthcare

Natural Resources

Education (including Early Childhood Education)

Sports and Military Sectors

At this point, the complete list of eligible sectors has not yet been released, but we expect it to be available on January 21, 2025, the day the new policy is implemented. If you work in any of these sectors or hold a job title in one of the eligible occupations, you will be able to apply for a Spouse Open Work Permit. If not, it will be difficult to apply for an SOWP for the first time or to extend an existing SOWP.

Right now, we are still submitting SOWP applications alongside PGWP applications for many clients, and we continue to process extensions for clients who meet the job level requirements (Tier 0, 1, 2, or 3). If the primary applicant has a Tier 4 or 5 job, it’s important to note that SOWP applications are still being accepted for those levels, as long as the job is full-time. However, after January 21, 2025, it may become much more challenging to proceed with these types of applications.

If you have a pending PGWP or SOWP extension application, apply as soon as possible. There are only six days left before January 21, 2025, and after that, you may face significant challenges with your spouse’s open work permit application.

1.4 Managing Tier 2 and Tier 3 Jobs

While it is still possible to get a job in Tier 2 or Tier 3 occupations, you must understand that obtaining a 16-month work permit is a major challenge. For example, if you’re studying for one year and applying for a Post-Graduation Work Permit (PGWP), you will only receive a one-year PGWP. However, to qualify for a Spouse Open Work Permit extension or to apply for an SOWP for the first time (if your spouse is outside Canada), the primary applicant must have a 16-month work permit.

This is an important distinction, as many applicants have historically received only a one-year PGWP. But if you’re looking to extend your spouse’s work permit or get the first SOWP from outside Canada, the 16-month work permit requirement is non-negotiable.

1.5 What About Study and Work Permits?

For those applying for a study visa and a Spouse Open Work Permit together, the situation is more manageable. As long as the primary applicant has a 16-month Master’s degree or a relevant Bachelor’s degree (such as Bachelor of Education (B.Ed.) or Bachelor of Engineering), the process remains relatively straightforward. These options allow your spouse to qualify for a Spouse Open Work Permit, whether you’re studying or working in Canada.

However, the situation becomes much more complicated when dealing with work permits. If you’re applying for a PG Work Permit, and you don’t already have a job at the time of application, you’ll need to secure employment within one month. Once you obtain the job, you can submit your proof of employment to IRCC through a webform.

1.6 The Issue with Lower-Level Jobs (Tier 4 and Tier 5)

Under the new regulations, if you’re employed in Tier 4 or Tier 5 jobs, you will not be eligible for a Spouse Open Work Permit or extension, whether applying from within Canada or outside Canada. This is a critical update that may affect many applicants.

Previously, a full-time job in Tier 0, 1, 2, 3, 4, or 5 could suffice for a Spouse Open Work Permit application. However, visa officers were increasingly refusing applications for those in Tier 4 or 5 jobs. The latest update has removed Tier 4 and Tier 5 jobs from eligibility entirely. This means that if you’re on a lower-tier job, you will not be able to apply for a Spouse Open Work Permit extension, and your spouse will not be able to apply for a fresh SOWP from outside Canada.

1.7 What You Can Do if You're on a Lower-Level Job

If you’re in a Tier 4 or 5 job, and you want to continue applying for a Spouse Open Work Permit, you can request that your employer upgrade your position to a Tier 2 or Tier 3 job. However, keep in mind that even if your job is upgraded, you must be working in one of the priority sectors where there is a labour shortage. These sectors are likely to include fields such as natural and applied sciences, construction, healthcare, education, and others.

1.8 Challenges with the 16-Month Work Permit Requirement for Spouse Open Work Permits

One of the biggest challenges under the new policy is the 16-month work permit requirement. If you receive a 12-month Post-Graduation Work Permit (PGWP), you will face significant issues in applying for a Spouse Open Work Permit (SOWP) extension or a first-time SOWP from outside Canada. Unfortunately, if you only have a 12-month work permit, you will not be eligible for either of these applications.

This is a crucial update, and applicants who fall under this scenario must understand that they will not be able to proceed with the SOWP application process.

1.9 Exceptions to the 16-Month Work Permit Requirement for Spouse Open Work Permits

There is an exception to the 16-month work permit requirement that you should be aware of. If you haven’t completed your studies yet and need to extend your study permit, you can still apply for a Spouse Open Work Permit (SOWP) extension. As long as your study is still pending and you’re in the process of extending your study permit, your spouse can continue to apply for an SOWP extension. This process will remain fine under the new policy.

However, if you’re transitioning from a study permit to a Post-Graduation Work Permit (PGWP), this will not be allowed for a spouse to apply for a work permit under the new rules.

1.10 What Happens to Existing Spouse Open Work Permits?

For spouses who already have an open work permit approved under the previous measures, or for those whose permits haven’t expired yet, their work permits will remain valid until their expiration date. For instance, if your spouse’s open work permit is valid until December 2025, they can continue to use it without any issues while you stay in Canada.

1.11 What If More Time Is Needed to Complete Your Program?

In cases where students need more time to finish their program, or if you’re shifting to a Master’s degree or extending your studies, the spouse can still receive an extension for their open work permit, even if they’re in Canada. Similarly, if the primary applicant receives a shorter work permit than their spouse, the spouse can still extend their work permit without any issues.

1.12 Key Scenarios Where Extensions Are Possible:

If the primary applicant is extending their study permit and the study is still pending, the spouse can apply for an SOWP extension.

If the family member (spouse) receives a shorter work permit than the primary applicant, they are still eligible for an extension.

This applies as long as the study permit extension is in place for the primary applicant, and the spouse’s extension is linked to this.

1.13 When a New Spouse Open Work Permit Is Required

However, if your spouse needs to apply for a new Spouse Open Work Permit while you are transitioning from your study permit to a PGWP, the new rules require your spouse to meet the 16-month education requirement, which typically means they must have a Master’s degree (or a relevant PhD, depending on the program).

1.14 Extension During Study Period

When it comes to extensions during the primary applicant’s study period, the process is not a problem. For the first time, this issue has been clarified. If your spouse needs an extension while you are still studying, it is permitted. However, if you transition to a Post-Graduation Work Permit (PGWP), the situation becomes more complicated.

For those currently studying and planning to complete one year of study, you may have considered dropping your studies and moving to a PG work permit. If you are married and planning to rely on this strategy, it might not work out. Even if you’re unmarried, it’s highly recommended that you study for two years to obtain a three-year PG work permit.

1.15 Why You Should Aim for a Two-Year Program

If you’re married, studying for two years will give you a three-year PG work permit, which provides enough time to apply for a Spouse Open Work Permit (SOWP) or SOWP extension. 16 months of remaining work permit is essential at the time of application. Ideally, in Canada’s current scenario, three years of PG work permit is highly recommended as it gives you a safety net for your Permanent Residency (PR) application. Whether you’re in the medical profession, healthcare, or another field, having a three-year period will give you the best chance to secure your PR.

Even if you pursue a one-year Master’s degree, you can still qualify for a three-year PG work permit. This is a good option if you’re looking to balance your education with a longer work permit duration. Similarly, if you’re pursuing a two-year Master’s degree or a diploma (either Postgraduate or Undergraduate), you will also be eligible for the three-year PG work permit.

For those who are married, whether you’re applying for a new Spouse Open Work Permit or extending an existing one, the recommendation is clear: aim for a three-year PG work permit. This allows for sufficient time to meet the 16-month work permit requirement for the SOWP. In Canada, it’s common to receive either a one-year or a three-year PG work permit, so it’s best to opt for the three-year duration.

1.16 What To Do If You're Considering Dropping Your Study

If you are planning to drop your studies after one year (e.g., in April), it’s strongly advised that you extend your study for one more year. This way, you will complete two years of study and qualify for a three-year PG work permit. Alternatively, if you’re in the middle of a program, completing one semester or two semesters already, there’s still time to consider shifting to a Master’s degree.

By doing this, you can ensure that:

Your spouse can apply for the Spouse Open Work Permit.

You will be eligible for a three-year PG work permit.

This strategy will not only benefit your spouse’s work permit application but also provide a solid foundation for your future PR application.

1.17 How to Check Your Tier Level for Spouse Open Work Permit Eligibility

If you’re wondering about your tier level and how it affects your eligibility for a Spouse Open Work Permit (SOWP), you can easily check it online. To check your tier level, visit the official National Occupational Classification (NOC) website. The link is here: NOC ESCD.

For instance, when I’m helping clients apply for Post-Graduation Work Permits (PGWP) and SOWP extensions, I regularly check tier levels. For example, a Machine Operator Supervisor falls under Tier 2, which may be eligible for a spouse work permit. You can use the same process to check the tier levels of other jobs, such as Sales Manager.

You can check any job title and find the appropriate tier level. It’s a useful tool to understand the eligibility for the SOWP extension.

If you find that your current job level is too low, you can request your employer to upgrade your role to a higher tier level. This could help you qualify for the spouse work permit.

1.18 Secure Spouse Open Work Permit (SOWP) with the Right Job Level

If you’re working part-time during your studies and planning to complete your program in April, be cautious about your next steps. You should create a strategy to ensure a smooth transition to full-time employment once your studies are complete.

You can ask your employer to provide you with a job at a Tier 0, Tier 1, or Tier 2 level. If you’re working part-time, the key is to convert your position to full-time as soon as you finish your studies. Your employer’s support is crucial during this process, as they can offer you a job offer at the required job level.

If your job is within Tier 0, Tier 1, Tier 2, or Tier 3, you should be fine. However, if you’re in Tier 2 or 3, it is important that your role falls within the priority labour shortage sector. These sectors include industries where Canada is experiencing a labour shortage, making it easier for you to qualify for a Spouse Open Work Permit (SOWP).

To sum up, if you’re in one of the appropriate tier levels and working in the right sectors, getting a Spouse Open Work Permit will not be an issue.

1.19 It's Important to Stay and Plan Your Pathway to Permanent Residency in Canada

neither recommended for Permanent Residency (PR) nor for Spouse Open Work Permit (SOWP) extensions. In any case, it’s better to study for at least two years to secure a three-year Post-Graduation Work Permit (PGWP). This ensures that you have everything in place to pursue your PR rather than leaving Canada after one year of study and one year of work permit. Trust me, leaving Canada after just one year isn’t a pleasant scenario.

It’s not easy to leave a country after spending time there. I have personally experienced the frustrations of dealing with challenges here in India and understand the difficulties people face when adjusting to life in a new country. Believe me, I’m not just saying this because I’m a consultant, I’m living it, and I deal with it every day. Each day brings new challenges, and I know how tough it can be to survive here.

I am learning French to pursue PR in Canada and considering moving to Dubai. There’s always a way out, but it’s not easy. That’s why I don’t want you to end up in a similar situation. The first four to five years in Canada can be difficult, but they are definitely manageable. Once you obtain PR, life gets much better.

I’ve seen people turn their lives around after getting PR. Once you have PR, consultants won’t be needed, employers will treat you well, and you will have better job opportunities. You’ll gain valuable experience working in Canada, and eventually, you’ll find yourself with a car and a home. Life will improve significantly.

So, stick with it, stay in Canada and persevere. The initial phase is tough, but after getting PR, everything changes. For this reason, it’s highly recommended that you aim for three years of PG work permit or three years of work permit in total. This gives you the opportunity to build a solid path toward your PR. We at Globexa can help & guide you through the PR process as well.

1.20 Plan Ahead for Your PR Pathway

As soon as you apply for your PG work permit and know you’ll be in Canada for at least two or three years, start planning your pathway to PR. Don’t wait until the last moment for consultations. Be proactive.

One additional tip: start preparing for the French test (TEF). It may take you a year to prepare, but French can be a strong backup option, especially if things don’t go as expected. While PNP and Direct PR are primary options, French will provide you with a secondary tool to improve your PR prospects. We have a team of experts who can help you with French language preparation, and we’ll guide you through every step of the process.

1.21 We at Globexa are Here to Support You

If you need assistance with your French language preparation, we can help. If you need guidance on PR or your PG work permit application, we are here to support you. Whatever you need, reach out to me, and my team will be ready to assist you.

1.22 Stay in Canada – Don’t Leave

It’s challenging to survive in India, and even in other countries, life can be equally frustrating. The stress and pollution here in India are overwhelming. Canada may seem tough, but it’s not as difficult as life here in India. Stay where you are, stick it out, and we will help you succeed in building a better life.

1.23 Contact for Guidance

For any case-related inquiries, whether for PR, PG work permits, SOWP extension, or spouse open work permit for the first time, get in touch. Stay informed, ask questions and stay in touch.

Thank you for reading this blog till the end. While some of you may not be eligible or may need to work with employers to manipulate job tiers for SOWP extension, these efforts are necessary. You need to put in the work, but we will help you along the way.

Don’t hesitate to contact us for any support or guidance you need. Let’s discuss your case, and We’ll be happy to help!

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