If you’re planning to go to Canada on a study permit, you might expect that you would be the first in your family to qualify for permanent residency. Surprisingly, under certain circumstances, your spouse could become a permanent resident before you do. This unique pathway is especially relevant to couples where one partner goes to Canada as an international student while the other accompanies them and works. Understanding this strategy can be a game-changer in planning your immigration journey together.
How It Works: Studying, Working, and Getting Permanent Residency
When a foreign national receives a study permit and enrols in an eligible program at a Canadian post-secondary institution, their spouse or common-law partner may apply for a Spousal Open Work Permit (SOWP). This special work permit allows the spouse to work for any employer in Canada, without the need for a job offer before arrival. As a result, while one partner focuses on full-time studies, the other can gain valuable Canadian work experience.
Once the spouse begins working and accumulates sufficient work experience in Canada, they can become eligible for immigration programs that lead to permanent residence. One of the most common pathways for such applicants is the Canadian Experience Class (CEC), which is part of Canada’s Express Entry system. The CEC allows individuals with at least 12 months of skilled Canadian work experience to apply for permanent residency. Because the spouse may begin working immediately and build valuable experience quickly, it’s quite possible for them to qualify for permanent residency before the student finishes their program.
In cases where the study program is longer – for example, a four-year bachelor’s degree – the working spouse could even receive an Invitation to Apply (ITA) for permanent residence before the student graduates.
A Practical Example: How Timing Can Make a Difference
To illustrate how this strategy can play out in real life, imagine a couple from Eastern Europe where one partner, let’s call him Bilan, receives a study permit for a two-year master’s program in Canada. His wife, Maranja, accompanies him and secures a Spousal Open Work Permit. She starts working full-time in a skilled occupation.
While Bilan is attending classes, Maranja gains full-time, year-long Canadian work experience, which is a core requirement for the Canadian Experience Class. During this time, she also completes a language proficiency test recognized in Canada and gets her foreign educational credentials assessed. All of these steps help her build a competitive profile in the Express Entry pool.
By the time Bilan graduates and moves on to a Post-Graduation Work Permit (PGWP), Maranja may already have accumulated enough experience and points to receive an Invitation to Apply for permanent residency. In this example, Maranja could submit her application for permanent residency while Bilan continues to work on his PGWP.
Within months of receiving her ITA, perhaps as little as one year after Bilan’s graduation, Maranja’s permanent residency application may be approved. Meanwhile, because they still hold valid work permits, both spouses are in a strong position to remain in Canada while the process completes.
Why This Happens: Points, Experience, and Competitiveness
Canada’s immigration selection system awards points for factors such as age, education, language ability, and work experience. Canadian work experience is particularly valuable and can significantly boost an applicant’s score in the Comprehensive Ranking System (CRS). Because the working spouse starts building Canadian experience immediately while the student is busy studying, they often accumulate more valuable points sooner than the student.
Additionally, many international students may not start working until after graduation, when they can apply for a PGWP. This delay means they begin accumulating Canadian work experience later than their spouse who came with the SOWP, giving the working spouse an edge.
What Study Programs Make Your Spouse Eligible for a Work Permit?
Not all study programs make a spouse eligible for an open work permit. To qualify, the program you enrol in must meet certain criteria, such as:
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A doctoral degree program.
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A master’s degree that lasts at least 16 months.
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A number of professional programs such as medicine, dentistry, pharmacy, nursing, law, engineering and other recognized degree programs.
Institutions across Canada offer a wide range of eligible programs. Choosing one that qualifies can make your spouse’s entry into the Canadian workforce and eventual permanent residence much smoother.
Things to Keep in Mind
This strategy is promising, but it comes with a few important considerations:
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Program Eligibility: Before applying for a study permit, ensure that the program you plan to study qualifies your spouse for a SOWP. Not all programs meet the necessary requirements.
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Work Experience Requirements: The time it takes to accumulate sufficient Canadian work experience can vary based on your spouse’s job, hours worked, and the specific pathways they are targeting.
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Work Permit Extensions: After the student graduate’s PGWP is issued, the spouse may need to renew their work permit to maintain continuous work authorization.
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Changing Immigration Rules: Immigration policies and eligibility criteria evolve, so it’s crucial to stay updated throughout your application process.
In summary, while you might go to Canada first as an international student, your spouse may be the one to secure permanent residency before you do. With careful planning, understanding of immigration pathways, and the right timing, couples can significantly accelerate their transition to Canadian permanent residents while experiencing Canada together
Written by Gunjyot Singh
