Immigration | My wife dropped out of her programme. Can I still work in Canada?

Dear Miss Powell,

My wife was studying in Canada, and I received a spousal open work permit based on her enrolment. She has been pregnant and unwell and recently dropped out of her programme. My work permit does not expire for another year. Am I still allowed to work until it expires even though she is no longer studying?

– ND

Dear ND,

A change in your wife’s circumstances does not necessarily make an already-issued open work permit invalid. The important question is whether you were eligible for the work permit when you applied and whether the permit remains valid under its terms.

THE IMPORTANT DISTINCTION

There is an important difference between being eligible to receive a work permit and the continued validity of a work permit that has already been issued. So the question turns on what the situation was when you applied for the permit.

Assuming your wife was properly enrolled in an eligible programme when you applied, your relationship is genuine, and all the information provided to Immigration, Refugees and Citizenship Canada (IRCC) was truthful. Then she became ill during her pregnancy and withdrew from her programme. That change in circumstances does not necessarily mean that your work permit immediately becomes invalid.

The fact that the circumstances that made you eligible for the permit have changed does not, by itself, necessarily cancel a permit that has already been issued.

However, when the time comes to extend or obtain another work permit, if your wife no longer meets the requirements that made you eligible for a spousal open work permit, you may not qualify for an extension on the same basis. You may need to try an alternative route.

BEFORE WITHDRAWING FROM SCHOOL

You should bring this information to the attention of your wife. In certain circumstances, IRCC allows international students to take an authorized leave from their studies for up to 150 days while still being considered to be actively pursuing their studies. Medical reasons and pregnancy are among the circumstances that may justify an authorized leave.

The leave must be authorised by the educational institution, and a student cannot work on or off campus while on this authorized leave.

A student dealing with pregnancy, illness, or another temporary difficulty should speak with their educational institution before withdrawing from a programme altogether. Depending on the circumstances, an authorised leave may be an option.

THE RULES HAVE CHANGED

There is another important consideration for spouses of international students. Since January 21, 2025, eligibility for spousal open work permits has been restricted. Generally, the international student must now be enrolled in an eligible master’s programme of at least 16 months, a doctoral programme, certain professional degree programmes, or another programme specifically designated as eligible by IRCC.

Anyone applying for a new spousal open work permit should, therefore, check the current requirements before submitting an application.

A CHANGE OF CIRCUMSTANCES IS NOT MISREPRESENTATION

Finally, it is important to distinguish between a genuine change in circumstances after an application is made and an arrangement created from the outset simply to obtain immigration status.

For example, if someone enrols in a programme with no genuine intention of studying and does so solely to obtain an open work permit for their spouse, that could raise concerns about misrepresentation.

Section 40(1)(a) of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national may be inadmissible for directly or indirectly misrepresenting or withholding a material fact that induces, or could induce, an error in the administration of the Act.

The key is that a genuine change in circumstances does not automatically amount to wrongdoing. What matters is whether the original application was truthful and whether the applicant was genuinely eligible when the application was made.

I hope this information helps; however, if you are still unsure about your situation, it is worth speaking directly with an immigration lawyer who can review the circumstances of your original application and confirm how the current rules apply to you.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her at www.deidrepowell.com or via WhatsApp at 613-695-8777.