Canada’s immigration system has been scrutinized following recent changes to its spousal open work permit (SOWP) policy.
Immigration lawyers Mark Holthe and Igor Kyryliuk have raised concerns about the new restrictions, which took effect in January 2025.
Immigration News Canada (INC) reports that these changes are impacting families and job seekers, which is leading to widespread criticism of the Immigration, Refugees and Citizenship Canada (IRCC) approach.
New restrictions on spousal open work permits
The spousal open work permit system has seen significant changes as of January 2025. According to the new policy, spouses of international students can only apply if the student is enrolled in specific programs.
- Furthermore, the spouses of foreign workers in managerial or professional roles (Tier 0 or 1) or certain Tier 2 and 3 positions related to labour shortages or government priorities are also eligible.
- This marks a stark departure from previous policies that were more inclusive, restricting eligibility for spousal work permits to a select group of applicants.
Holthe describes the policy overhaul as part of a broader immigration strategy aimed at controlling the number of temporary residents in Canada. Holthe also highlighted concerns over how applications are processed, noting that some spousal open work permits are being handled before or immediately after the principal applicant’s post-graduate work permit, which often results in refusals.
Impact on families and individuals
Reports inform that the changes to the spousal open work permit policy have a direct impact on families. Holthe shares stories of families where one spouse, often the primary income earner, has lost the right to work following the refusal of a spousal work permit application. This has led to financial strain, affecting housing stability and basic living expenses.
- Kyryliuk points out that these changes have forced many families to reconsider their plans in Canada. Some have been left with no choice but to return to their home countries or face an uncertain future in Canada.
- Both lawyers described situations where refusals coincided with the introduction of stricter rules, leaving applicants unable to adjust their strategies.
Holthe labeled this pattern as “sharp practice,” which he believes is aimed at reducing the number of temporary residents in Canada, as part of a broader immigration agenda under Minister Miller’s policies.
The broader immigration policy shift
The recent changes to spousal open work permits are part of a larger trend in Canada’s immigration policy.
- Historically, Canada has expanded open work permit eligibility to promote family unity and economic integration. However, the new restrictions signal a shift toward limiting eligibility to specific groups.
- Kyryliuk notes that these changes are aligned with broader governmental goals to address issues such as population growth, housing shortages, and labour market alignment.
- The new policy is also seen as part of efforts to reduce the intake of international students and to make pathways to permanent residency more challenging.
Holthe and Kyryliuk suggest that public perception of immigration has influenced these policy shifts. As immigration becomes a point of political debate, the government may be feeling pressure to appear more stringent, which has contributed to aggressive enforcement tactics.
Navigating the new spousal open work permit system
For those applying for spousal open work permits under the new system, both lawyers offer strategic advice. Holthe stressed the importance of securing a job offer in an eligible occupation before submitting an application. He also recommends submitting both post-graduate and spousal work permit applications at the same time to avoid potential refusals.
Kyryliuk advises applicants to stay informed about changes to the list of eligible occupations and consult legal experts when necessary. He underscores the complexity of the process, which requires attention to detail and understanding of evolving policy nuances.
Both lawyers agree that seeking legal advice is essential in navigating the new system, as the rules have become more complex and restrictive.
What to know
The new system has raised ethical questions about fairness in immigration decision-making. Holthe and Kyryliuk believe that the timing of refusals and the deliberate sequencing of applications to achieve policy goals undermine fairness. Holthe further notes that for those facing refusals, judicial review may be an option, though the process is lengthy and costly.
Kyryliuk also discusses the potential human rights implications of the new policies, particularly concerning the right to family life and non-discrimination in administrative decisions.
As Canada continues to evolve its immigration policies, it remains to be seen how these shifts will affect the future of temporary and permanent residency pathways in the country.
