The Immigration and Refugee Protection Regulations (“IRPP”) introduced a policy change in the work categories of spouses or common law partners of principal foreign nationals. The policy assesses the eligibility of spouses or common law partners of skilled workers or study permit holders to work in Canada.
A principal foreign national is the first foreign national of the couple who obtained a study or a work permit. Such individuals will remain a principal foreign national while assessing the eligibility for a spousal open work permit. At any later point, they will not be eligible to obtain a spousal open work permit either under a skilled worker (C41) or study permit (C42) categories. Such a situation may arise if the principal foreign national discontinues their schooling or work.
Additionally, if the principal foreign national is enrolled in a private/post-secondary program, the spouse or common law-partner is not eligible for a spousal open work permit. IRCC will also be looking carefully as to genuineness of the spouse or common law relationship. They may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.
At NPZ, our U.S. and Canadian Immigration and Nationality Lawyers seek to assist clients with regard to employment and family immigration issues. If you, your friends or family should have any immigration questions, please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (x104). We look forward to being able to assist you.