What can my spouse do if we're both in Canada on study permits and I'm in an undergraduate program?

What Changed on January 21, 2025

Effective January 21, 2025, spouses and common-law partners of undergraduate international students lost access to Spousal Open Work Permits. Prior to this date, any undergraduate student could sponsor a spouse for a work permit. Now, only students in master's programs (16 months or longer), doctoral programs, or specific professional degrees can sponsor spouses.

The change applies to new applications only. Spouses who obtained a SOWP before January 21, 2025 retain their permits until expiration, but renewals after that date use the new, stricter eligibility rules.

Which Undergraduate Programs Still Qualify

Your spouse can still apply for a SOWP if you're enrolled in one of these undergraduate or professional degree programs:

• Bachelor of Science in Nursing (BScN, BSN, BN, BNSc)
• Bachelor of Education (BEd)
• Bachelor of Engineering (BEng, BE, BASc)
• 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, BSPharm)
• Doctor of Veterinary Medicine (DVM)

For all other undergraduate programs, SOWP is no longer an option.

Additional Restriction: Final Term Rule (March 4, 2026)

A further update effective March 4, 2026 added another barrier: spouses in their final academic term will be refused SOWP, even on renewals. IRCC does not specify how many months or days before graduation constitutes the "final term," so seek clarification with immigration counsel if your graduation date is within 12 months.

Alternative 1: Labour Market Impact Assessment (LMIA) Work Permit

If your spouse cannot access a SOWP, they can apply for an employer-sponsored work permit through the Labour Market Impact Assessment process. An employer must:

1. Obtain a positive Labour Market Impact Assessment from Employment and Social Development Canada (ESDC)
2. Demonstrate they could not find a Canadian worker for the role
3. Advertise the position for a minimum of 8 consecutive weeks before submitting the LMIA (as of April 1, 2026)

Once the LMIA is approved, your spouse can apply for a work permit valid for the duration of their employment with that specific employer. The process takes several months and requires active employer participation.

Alternative 2: Post-Graduation Work Permit Route

When you graduate, you may qualify for a Post-Graduation Work Permit (PGWP), which your spouse can then use to apply for a spousal open work permit. The route works only if:

• Your PGWP is valid for at least 16 months beyond the date your spouse's application is received by IRCC
• You are working or committed to working in a TEER 0 or 1 role (professional and management occupations), or a TEER 2 or 3 role on Canada's Annex A NOC list

This path requires your graduate employment to meet these occupation-level thresholds, so confirm the job classification before relying on it.

Application Steps for SOWP (If Eligible)

If you are in a qualifying professional degree and your spouse remains eligible:

1. Gather proof your spouse is medically and criminally admissible to Canada
2. Ensure you hold a valid study permit
3. Submit the spousal open work permit application through the IRCC portal
4. Expect processing times of 4 to 6 months for inland applications or 4 to 7 months for overseas applications (as of March 2026)

Your spouse's work permit cannot be issued for longer than the duration of your study permit.

Financial Requirements for Your Family

If your spouse is coming to Canada with you, you must demonstrate proof of funds to cover both of you. Show bank statements, GICs, or a sponsorship letter proving you have access to:

• Tuition fees for your program
• CAD 27,635 per year for living expenses
• An additional CAD 3,000 per year for each additional family member

All financial documents must be official and current.

What Does Not Work as Alternatives

Your spouse cannot simply become an international student themselves to access a work permit—studying on a student visa with on-campus work authorization is not equivalent to a spousal work permit's full-time, employer-independent status. Study permit work conditions are restricted to on-campus employment and do not provide the flexibility of SOWP.

Similarly, your spouse cannot apply for an open work permit without being sponsored by you (SOWP), an employer (LMIA), or as your dependant through a graduate work permit route. No other open pathway exists for spouses of undergraduate students as of May 2026. Related: SOWP ban and alternatives and Canada work hour limits.

Grandfathering for Earlier Applications

If your spouse's SOWP application was received by IRCC before January 21, 2025, it will still be processed under the old, more permissive rules. Once that permit expires, however, any renewal will use the current eligibility criteria.

Sources

• Changes to open work permits for family members of temporary residents - IRCC News Notice
• IRCC to implement restrictions on family Open Work Permits in January 2025 - CIC News
• IRCC limits family OWPs for international student family - The PIE News
• Who can get an open work permit as the spouse of an international student? - CIC News September 2025
• Canada moves to expand work authorization for international students and graduates - CIC News April 2026
• Labour Market Impact Assessment - IRCC Help Centre
• Study permit: Get the right documents - Proof of financial support - Canada.ca