Can My Spouse Apply for PR While I Study in Canada?
Yes, your spouse can apply for permanent residency (PR) while you are studying in Canada, provided that they meet certain requirements and can demonstrate that the marriage was entered into for genuine reasons. This process can involve several steps and considerations, as detailed below.
Eligibility and Requirements
Your spouse would need to sponsor you as a family class applicant. This application often takes a considerable amount of time, with a processing period of around 12 months. However, this varies based on the specific situation and the current workload of Canadian Immigration, Refugees and Citizenship Canada (IRCC).
Marriage of Convenience
Given the awareness of IRCC regarding marriages of convenience, your spouse would need to prove that the marriage is genuine and that it was not entered into solely for the purpose of obtaining immigrant status. If IRCC detects any signs of a marriage of convenience, the application may be rejected or subjected to further scrutiny.
Alternative Options
If your spouse is not eligible or willing to sponsor you through a family class application, you have alternative options. Since you are studying, the Canadian government offers other pathways for your spouse to apply for work permits and, ultimately, PR.
PNP Program and Work Experience
One option is for your spouse to apply for permanent residency through Provincial Nominee Programs (PNP). For instance, if your spouse works in a skilled job for 6 months in Manitoba, or 1 year in provinces like Alberta, Saskatchewan, New Brunswick, and Nova Scotia, they may be eligible to apply for PR.
Spousal Open Work Permit (SOWP)
As of January 22, 2024, your spouse may be eligible for a Spousal Open Work Permit (SOWP) under certain conditions. The SOWP is available to spouses of international students enrolled in a master’s or doctoral degree program at a university or a polytechnic institution.
Eligibility Criteria for SOWP
Spouses must be enrolled in a master’s or doctoral degree program at a university or polytechnic institution. International students who are pursuing undergraduate or college programs are no longer eligible for the SOWP. Spouses of undergraduate international students can apply for an open work permit if the student is enrolled in a professional degree program such as DDS, LLB, MD, OD, Pharmacy, DVM, BScN, B. Ed., BE, BASc, and BS. Spouses of international students who applied before March 19, 2024, are still eligible under any diploma or degree program.It's important to note that the availability of these options and the eligibility criteria may change. Therefore, it is advisable to keep yourself updated with the latest information from IRCC.
Conclusion
The process of your spouse applying for PR while you are studying in Canada involves meeting several requirements and proving the genuineness of your marriage. While it presents challenges, exploring different pathways such as PNP programs and SOWP can provide more opportunities for your spouse to join you in Canada.