Student couples in Canada can no longer come to work

Student couples in Canada can no longer come to workStudent couples in Canada can no longer come to work

For many years international students in Canada enjoyed the benefit that the country offered to bring their partner to work while they were pursuing any post-secondary program at a college or university or a postgraduate degree, i.e. a bachelor's, master's or doctorate, and such program allowed the student to apply for a study permit and their partner to apply for an open work permit, but this is no longer the case. Last March 19, 2024, the IRCC announced a new change that will put at stake the future of many foreigners who dream of studying in Canada and want to do so in the company of their partner.

Immiland, a company dedicated to the processing of legal immigration processes in Canada, has echoed this crucial information for future international students and that is why we prepared this article that will enlighten many foreigners who may be concerned or confused with this change. Let's read it!

What is an open work permit? 

An open work permit is one that allows a foreigner to work in Canada without being obligated to a specific employer or to perform a specific job. What determines that this permit is open is precisely the fact of being able to work freely for any employer in any province of the country. This is why this work permit does NOT require the following:

  • A Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada.
  • Proof that a Canadian employer has submitted an offer of employment through the Employer Portal.

Only certain programs apply for the open work permit.

Master's, doctoral and certain bachelor's degree students may bring their partners to Canada on an open work permit.

Now, only certain programs apply to people from any country who are married, cohabiting or in a common-law relationship, have lived together for at least 12 months, and plan to come to Canada to study at a college. If you wish to travel to Canada to study with your partner, be aware that only certain programs will allow your partner to apply for an open work permit.

Student couples who can apply for the open work permit

Only student couples can apply in the following cases:

  • If the international student will be pursuing a master's or doctoral degree at a university or polytechnic institution. 
  • If the student is going to pursue any master's degree, for example, in business administration, architecture, engineering, computer science, etc. (If you would like Immiland to send you educational options in the area of master's degrees, you can contact us here and we will review your case so that you can start classes in September of this year or next year).
  • If the student is pursuing one of the following careers:
    • Doctorate in Dental Surgery (DDS, DMD).
    • Doctor of Medicine (MD).
    • Doctorate in Optometry (OD).
    • Pharmacy (PharmD, BS, BSC, BPharm).
    • Doctor of Veterinary Medicine (DVM).
    • Bachelor of Science in Nursing (BScN, BSN, BNSc).
    • Bachelor of Education (B. Ed).
    • Bachelor of Engineering (B. Eng. BE. BASc).
    • Bachelor of Laws (LLB. JD, BCL).

Note 1: if the foreign national is going to study for a bachelor 's degree in another career not mentioned above, then your partner unfortunately cannot apply for an open work permit in Canada.

Note 2: Single students are not affected by the change, as it involves the partner and not the student him/herself.

Tourism permit: a beacon of hope for couples

If the international student is going to Canada to pursue an undergraduate/bachelor 's degree in architecture, for example, or a graduate degree at a college, then his/her partner can travel on a tourist permit and stay as a tourist for the duration of the study program, one to three years. Children, on the other hand, are not affected. They can travel on a study permit and stay in public school for free if they are of school age. To inquire about this option, write to Info@immilandcanada.com.

How does this change affect students in Canada?

If you are already in the country studying, do not worry, neither you nor your partner are affected by this measure. Again, this change is for prospective students who have not yet entered Canada.

Requirements for extending a partner's permit in Canada

If you are in Canada as a student and wish to apply for an extension of your partner's work permit, then you must be eligible for her to work, in which case the student must meet the following requirements: 

  1. Have a valid study permit. 
  2. Be eligible for a PGWP (If you are studying English or a pathway, it does not work). 
  3. Must study full-time at a public post-secondary institution, such as a college or university, or a Cegep in Quebec, a career path that leads to an open work permit for students. 
  4. Be a student of a private college or university in Quebec.
  5. A private Canadian institution that legally delivers degrees under provincial law. For example, a bachelor's, master's or doctoral degree.

Who can do a master's degree in Canada?

The master's degree is reserved for people who have a diploma in their country of origin, for example, if you want to do a master's degree in law, you have to be a lawyer in your country; if you want to do a master's degree in systems engineering, you have to be a licensed engineer in your country, and so on.

Benefits of a Master's Degree in Canada

In the midst of so many changes and conditions, there are many advantages for international students and their partners when choosing a master's degree in Canada.

  1. Previously, the work permit functioned as a sort of "mirror", that is to say that if the student studied a one-year master's degree, his/her post-graduation work permit lasted one year as well, but this is no longer the case. Now, studying a one-year master's degree automatically implies that your work permit is for three years, this will guarantee you and your partner the peace of mind of being able to work the year of the master's degree plus the 3 years of post-graduation, and you can apply for permanent residency. This is the main benefit of the master's degree. 
  2. Also, another great benefit is that if it is a master's degree in the province of Quebec and the degree is in French or in the province of Ontario, and it is one of the valid degrees for permanent residence, this implies that they can apply immediately for permanent residence without the need to obtain work experience after graduation. While the option to study in a college implies that you must graduate, get the PGWP, work experience and then you can apply for permanent residence. In short, a master's degree in Canada favors the application for permanent residence without the need to gain work experience.
  3. Doing a master's degree in Canada excludes you from filing the attestation letter that has been so much talked about in recent weeks, read our most recent article on this new requirement here.

Immiland Considerations

At immiland, we are shocked when we receive news like this, but once the information is confirmed, we focus on offering the best solutions and we try to recommend the most viable options according to the circumstances of each client or user in general.

In this sense, for the future international student who is planning to study in Canada from his country of origin, it is an option to do a master's degree and a bachelor's degree in this country, but be careful with this, if you cannot afford the cost of a bachelor's degree, which is five years of studies, the best option is a master's degree. 

Keep in mind that the processing and approval of your student visa is a complex process that requires many elements that will make you eligible, we refer to aspects such as being able to demonstrate that you are accepted by the educational institution, that your career is related to your work and academic background and that you will contribute to your professional development, but do not forget that you must also have sufficient funds to cover your expenses, in addition, you must demonstrate that you have roots to your country of origin, among other elements that you can read in our blog.

 

So far we share this news, hoping that it has clarified your doubts. Remember that immigration processes are costly and take some time, so make sure you are familiar with the programs you wish to apply to, as well as the institutions that qualify for the PGWP. In Immiland's education department we take care of the entire academic registration process and everything related to the processing of your visa. We are a CICC regulated consultant. If you wish to contact us, click here.

With love,

Immiland

Note: This article does not constitute legal advice or legal opinion from an attorney. Rather, it is provided solely to inform readers about certain aspects related to the details of the law in legal matters.

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