Maplevisa

Spouses or common-law partners of study permit holders

IRCC has clarified its instructions for spouses and common-law partners of Francophone Minority Communities Student Pilot participants who apply for open work permits under the C42 category.

What IRCC updated

The revised instructions provide further clarity for spouses and common-law partners of participants in the Francophone Minority Communities Student Pilot (FMCSP) and add links to the pilot’s instructions.

Who may be eligible under C42

Only spouses or common-law partners of study permit holders may be eligible for an open work permit under administrative code C42. Dependent children are not eligible for an open work permit in this category.

The applicant must be in a genuine relationship with the study permit holder and must meet all other applicable eligibility and admissibility requirements. The applicant must also have sufficient funds to support themselves and any accompanying dependants separately from the funds used to support the principal foreign national’s study permit application.

  • The principal foreign national must hold a valid study permit or, for a family-group application made outside Canada, be provisionally approved for a study permit.
  • The principal foreign national must be studying full-time, or provide proof of full-time enrolment where applicable, and must not be in the final term of the study program.
  • The principal foreign national must be physically residing in Canada while studying, or provide proof of plans to do so for a family-group application made outside Canada.

Extensions and supporting documents

A C42 open work permit holder may be eligible for an extension if the principal foreign national continues to meet the requirements of the original study permit and remains enrolled in the same program that supported the current spousal open work permit.

Applications require evidence of the relationship, the principal foreign national’s enrolment in or attendance at a PGWP-eligible study program and designated learning institution, and evidence that other applicable requirements are met. Extension applicants must provide documents supporting the extension under the requirements of their current C42 work permit.

Source: Official IRCC announcement