Douglas Olsen
Canada's immigration policy allows international students to bring their spouses to the country. However, there are several factors to consider, including the type of visa, work permits, and the potential impact on the approval of the student's visa. Spouses of international students may be eligible for a spousal open work permit, but this depends on various criteria such as the student's level of study and the length of their program. Applicants must also demonstrate sufficient financial resources to support themselves and their spouse during their stay in Canada.
| Characteristics | Values |
|---|---|
| Can international students bring their spouse to Canada? | Yes |
| What is the type of visa required for the spouse? | Spouse visa or open work permit |
| Can international students apply for a visa along with their spouse? | Yes |
| What are the common requirements for a spouse visa? | Acceptance letter from a Canadian DLI, proof of financial support, a valid passport, and sometimes medical and security clearances |
| What are the requirements for an open work permit? | Valid study permit, physically in Canada, full-time student enrolled in a PGWP-eligible program at a designated learning institution (DLI), not in the last term of the study program |
| Can the spouse apply for a work permit after the student visa is approved? | Yes, but they will need to wait for several months |
| Can the spouse work in Canada? | Yes, if they have an open work permit |
| Can the spouse apply for a work permit from inside Canada? | Yes, if they first entered Canada as a visitor |
| What are the requirements for a work permit? | Proof of enrolment in a program of study, proof of relationship, marriage certificate, evidence of cohabitation, eligibility criteria set by IRCC |
| Can the spouse apply for a study permit? | Yes |
| Can the spouse enter Canada without a study or work permit? | Yes, they may be admitted on visitor status for six months or less |
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What You'll Learn
- Spouses of international students may be eligible for an open work permit
- Spouses can apply for a work permit from inside Canada if they first entered as a visitor
- Spouses must meet eligibility criteria for an open work permit
- Spouses can apply for a student visa and spousal work permit together
- Spouses may need to prove their relationship to the student
Spouses of international students may be eligible for an open work permit
To be eligible for an open work permit, the international student's spouse or common-law partner must meet specific criteria. From January 21, 2025, the spouse must have a valid study permit and be enrolled in a master's degree program of 16 months or longer. They must also provide documents proving their enrolment, such as a valid letter of acceptance from a designated learning institution.
The process of including a spouse on a study permit application may impact the approval of the permit. Visa officers may suspect that the student intends to stay in Canada long-term if they bring their entire family. Therefore, applicants must submit a statement explaining their reasons for studying in Canada and their desire to have their spouse accompany them. Demonstrating sufficient financial resources to support themselves and their family during their first year of study is essential.
Additionally, having a spouse who has been living and working in Canada can increase the student's Comprehensive Ranking System (CRS) score when applying for permanent residency through Express Entry. Submitting profiles to the Express Entry pool together can double their chances of receiving an Invitation to Apply (ITA).
If the spouse already possesses an open work permit and wishes to extend it, they must meet the eligibility criteria as of March 19, 2024. The extension cannot exceed the expiration date of the student's study permit.
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Spouses can apply for a work permit from inside Canada if they first entered as a visitor
Spouses of international students in Canada are eligible for an open work permit. This allows them to work for any employer in Canada, except for those listed as ineligible or those that offer sexual services. The spousal open work permit is usually valid for the same amount of time as the student's study permit.
If a foreign national is successful in their work permit application, they will be issued an open work permit authorizing them to work for multiple employers in any location in Canada while their permanent residency application is processing or while their spouse has valid status in Canada. Spouses must be living in Canada on eligible, legal status in order to apply for a spousal open work permit.
If a spouse has entered Canada as a visitor, they can apply for an open work permit from inside Canada before their visitor status expires. This can be done online. They must answer 'No' to the question "I have a job offer, and my employer gave me an offer of employment number or LMIA number", and 'Yes' to "Are you a spouse or common-law partner of a person who holds a study permit?". No job offer is necessary when applying for a spousal work permit, and no Labour Market Impact Assessment (LMIA) is required.
Spouses of international students can also apply for a spousal open work permit at the port of entry upon arrival in Canada, although this is only recommended at an airport when arriving on an international flight.
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Spouses must meet eligibility criteria for an open work permit
International students in Canada may bring their spouse or common-law partner to the country, and in some cases, this may increase their eligibility for permanent residency. However, there are specific eligibility criteria that must be met for a spousal open work permit.
Firstly, the international student must hold a valid study permit and be enrolled in a master's degree program of 16 months or longer. Secondly, the spouse or common-law partner must provide proof of their relationship to the student and demonstrate their enrolment in an eligible program of study. This can include a valid letter of acceptance from the designated learning institution. It is important to note that the spouse's work permit will usually be valid for the same duration as the student's study permit.
In terms of fees, there will be additional costs for the spouse's work permit, and the applicant must demonstrate sufficient financial resources to support themselves and their family during their first year in Canada. The spouse must also be aware of the impact on their housing and health insurance needs.
If the spouse already has an open work permit and wishes to extend it, they must meet the same eligibility criteria as those who applied before March 19, 2024. Applications received after January 21, 2025, will be processed under the new eligibility criteria.
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Spouses can apply for a student visa and spousal work permit together
Spouses of international students in Canada are eligible for an open work permit, which allows them to work for any employer in Canada, barring those listed as ineligible or those that offer erotic entertainment services. This open work permit does not require a job offer or a Labour Market Impact Assessment, although certain occupations may require a medical examination. The spousal open work permit is usually valid for the same duration as the student's study permit.
International students in Canada can include their spouse on their application for a Canadian study permit. However, including family members may influence the visa officer's decision, as they must be satisfied that the applicant intends to leave Canada when their permit expires. If the student's study permit is approved with their spouse accompanying, the spouse can apply for a spousal open work permit.
If the spouse or common-law partner already has an open work permit and wants to extend it, they must meet the eligibility criteria. These criteria include having a valid study permit, being physically present in Canada, being a full-time student enrolled in a PGWP-eligible program at a designated learning institution, and not being in the last term of their study program.
In most cases, spouses must apply online for a work permit. They will need to provide additional documents, such as proof of their relationship to the student and proof of the student's enrolment in a program of study. There may be additional fees for the work permit, and the application process may take longer due to technical issues with online applications.
It is important to note that the process for applying for a spouse visa differs from that of a dependent child visa. International students holding a study permit can extend invitations to their parents for a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA), which allows them to visit Canada for up to six months.
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Spouses may need to prove their relationship to the student
Canada's immigration policy allows certain family members of international students to come to Canada to work and/or study. This includes a spouse, common-law/conjugal partner, and dependent children.
Spouses of international students who are eligible for an open work permit can work for any employer in Canada and do not require a job offer or a Labour Market Impact Assessment. However, the open work permit may exclude certain occupations, such as jobs in schools or hospitals, unless a medical examination is provided.
To be eligible for an open work permit, the spouse must meet certain criteria. They must provide documents to prove their enrolment in a program of study, such as a valid letter of acceptance from their designated learning institution (DLI). They must also provide proof of their relationship to the student, such as a marriage certificate, photographs, or other supporting documents.
If the spouse already has an open work permit and wants to extend it, they must meet the same eligibility criteria as those who applied before a certain date. The spouse's work permit cannot be extended beyond the expiration date of the student's study permit.
It is important to note that including a spouse in the application for a Canadian study permit may impact the approval of the permit. The visa officer may suspect that the student does not intend to leave Canada after their study program, which can affect the decision on whether to issue the study permit. Applicants must also demonstrate sufficient financial resources to support themselves and their family during their first year of study.
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Frequently asked questions
Yes, spouses or common-law partners of international students may be eligible to accompany them to Canada on a spouse visa.
The requirements may include proof of the relationship, such as marriage certificates or evidence of cohabitation, along with meeting other eligibility criteria set by Immigration, Refugees and Citizenship Canada (IRCC). Spouses may also be eligible for an open work permit.
An open work permit lets spouses work for any employer in Canada, except for those listed as ineligible or those that offer sexual services. Spouses must meet eligibility criteria to be eligible for an open work permit.
It is generally better for couples to apply for both visas together as processing times are faster. Applying for a student visa takes 2 to 3 months, and if your spouse applies for their work permit after this, they will need to wait several months before being able to join you in Canada.
