Key Takeaways:
- A couple can increase their chances of getting Canadian permanent residence (PR) by having one spouse work while the other studies.
- The non-studying spouse can apply for a spousal open work permit (SOWP) and gain Canadian work experience, making them a more competitive candidate for PR through Express Entry.
- The studying spouse can enroll in a qualifying study program, such as a master’s degree program or a professional program, to make their spouse eligible for an SOWP.
- The couple can extend their work authorization in Canada for up to seven years, increasing their chances of receiving an invitation to apply (ITA) for PR.
- The Comprehensive Ranking System (CRS) score plays a crucial role in determining the couple’s eligibility for PR, with factors such as age, education, language proficiency, and Canadian work experience contributing to the score.
Introduction to Spousal Open Work Permits
A couple may be able to get Canadian permanent residence (PR) years sooner by having one spouse work while the other studies. If a foreign national comes to Canada on a study permit and enrolls in a qualifying study program, their spouse could begin working on a spousal open work permit (SOWP). By the time the studying spouse has graduated, the non-studying spouse could be a much more competitive candidate for PR through Express Entry. This strategy can be particularly effective for couples where one spouse is pursuing a master’s degree or a professional program, as these programs can provide the non-studying spouse with up to two years of Canadian work experience.
A Fictional Example: Bilan and Maranja
Let’s look at a fictional example of this in action. Bilan and his wife Maranja live in Belarus, and wish to immigrate to Canada. Bilan applies for and is issued a study permit for a two-year master’s program at a Canadian university. Maranja accompanies her husband to Canada on an SOWP, which she’s issued for the duration of Bilan’s study program. She gets a job working as an industrial designer (NOC 22211) for a Canadian employer. While Bilan is studying, Maranja is building eligibility for the Canadian Experience Class (CEC) pathway to PR, which requires a year of Canadian work experience, in addition to gaining points for Canadian work experience under the Comprehensive Ranking System (CRS).
The Importance of CRS Scores
After gaining a year’s worth of Canadian work experience, Maranja takes an official immigration language exam, receives an Educational Credential assessment (ECA) for her foreign degree, and then creates a profile in the Express Entry pool, listing Bilan as her accompanying spouse—all while he is still studying. Maranja’s CRS score of 530 would have made the cut to receive an ITA for PR in the last four CEC draws, which saw cut-off scores ranging from 509-520. In contrast, Bilan’s CRS score of 472 falls short of recent CEC cut-off scores. The difference in their CRS scores is due to Maranja’s Canadian work experience and language proficiency, which give her a significant advantage in the Express Entry pool.
SOWP-Eligible Study Programs
For the spouse of an international student to be eligible for an SOWP, the studying spouse must be enrolled in a qualifying study program, which includes doctoral degree programs, master’s degree programs of 16 months or longer, and eligible professional programs such as medicine, law, and engineering. The Immigration, Refugees and Citizenship Canada (IRCC) has also designated certain programs as eligible, such as supervised practice experience partnerships and nurse re-entry programs. It’s essential for couples to check the eligibility criteria for SOWPs and ensure that the studying spouse is enrolled in a qualifying program.
Considerations and Next Steps
There are several considerations that couples should keep in mind when pursuing this strategy. Spouses of foreign workers can get an SOWP only if they fall under select scenarios and meet certain conditions, such as work permit validity. After graduation, the non-studying spouse may need to pursue other options for work authorization, such as obtaining a closed work permit through the Temporary Foreign Worker Program. The spouse who plans to study should also check that their study program is PGWP-eligible before applying for a study permit. By understanding the eligibility criteria and requirements for SOWPs and PGWPs, couples can increase their chances of getting Canadian permanent residence and building a new life in Canada.
