Last Updated On 4 February 2025, 8:54 AM EST (Toronto Time)
Canada’s immigration system, once seen as a beacon of opportunity and humane policy, is facing criticism for its handling of spousal open work permits.
This scrutiny has been brought into sharp focus by the Canadian immigration lawyers Mark Holthe and Igor Kyryliuk, who have shared their observations and concerns in a compelling discussion.
Their insights reveal not just policy shifts but a systemic change in how these policies are enforced, affecting countless lives based on the processing approach by IRCC.
With new restrictions effective from January 21, 2025, this article delves into the complexities, the human stories behind the policies, and offers a roadmap for those navigating this altered landscape.
Table of Contents
Disclaimer: We have not received any monetary compensation or favour from Mark Holthe or Igor Kyryliuk to publish the article. This article is purely targeted at that our readers getting to know how spousal open work permit applications are now being handled.
Policy Overhaul: The spousal open work permit system has undergone a significant transformation.
The changes, which took effect in early 2025, have restricted eligibility to only the spouses of
- international students enrolled in specific programs or
- those of foreign workers in managerial or professional (Tier 0 or 1) occupations, or
- specific Tier 2 and 3 roles linked to labour shortages or government priorities.
This represents a sharp deviation from the broader inclusivity of past policies, which can be accepted as part of a system overhaul.
Processing Times and Decisions: Immigration lawyers have expressed alarm at the processing tactics employed by immigration officers.
They’ve noted instances where spousal open work permit applications are intentionally handled before or immediately after the principal applicant’s post-grad work permit, often leading to refusals.
This practice, which Mark Holthe labels as “sharp practice,” seems aimed at enforcing a quick reduction in the number of temporary residents in Canada, aligning with Minister Miller’s broader immigration strategy.
Family Stability at Risk: The implications of these changes are far-reaching for families.
Holthe shares stories of families where one spouse, typically the primary income earner, suddenly loses the right to work due to these refusals.
This can lead to immediate financial distress, jeopardizing everything from housing to basic living expenses.
Kyryliuk complements this with anecdotes of families forced to reconsider their plans in Canada, either returning home or facing an uncertain future in the country.
Cruel Practices: Both lawyers recount tales of what they perceive as cruel decision-making.
For example, Holthe describes a scenario where an officer refused a spousal permit just hours before approving the post-grad permit of the principal applicant, effectively leaving the family in limbo.
Kyryliuk adds to this narrative, mentioning cases where applications were processed in such a way that the timing of the refusal coincided with the introduction of more stringent rules, leaving applicants no chance to adjust their strategies.
The Broader Context of Immigration Policy Changes:
Historical Perspective: Canada’s immigration policy has always been dynamic, adapting to economic needs, demographic changes, and political climates.
Holthe points out that while the country has historically expanded open work permit eligibility to support family unity and economic integration, the recent changes represent a contraction, driven by a perceived need to control the influx of temporary residents.
Economic and Political Drivers: Kyryliuk discusses how these policy shifts are not isolated but part of a larger governmental strategy to manage population growth, housing crises, and labour market alignment.
This includes reducing international student intake and altering pathways to permanent residency, making the journey from temporary to permanent status much more arduous.
The Role of Public Opinion: The discussion also touched on how public perception and political narratives around immigration have influenced these policies.
Holthe notes that with immigration becoming a wedge issue in Canadian politics, there’s pressure on the government to appear stringent, which might explain the aggressive enforcement tactics.
Job Offers: Holthe stresses the importance of securing a job offer in an eligible tier before any application is submitted.
For those transitioning from study to work permits, this means aligning career moves with policy requirements to ensure spousal open work permit eligibility.
Simultaneous Applications: Both lawyers recommend that applicants submit their post-grad and spousal open work permit applications concurrently to avoid the risk of the spousal application being refused before the principal’s is processed.
Eligibility Checks: Kyryliuk advises on the necessity of staying updated with the evolving list of occupations eligible for spousal permits, suggesting regular checks on official immigration sites or through consultations with legal experts.
Legal Consultation: Given the complexity and the potential for adverse outcomes, both Holthe and Kyryliuk underscore the critical need for legal advice.
They suggest consulting with immigration lawyers who can offer personalized strategies, especially in cases where the factual scenario is complex or unique.
Sharp Practices: The tactics described by Holthe and Kyryliuk raise significant ethical questions about the application of immigration law.
The deliberate sequencing of application processing to achieve a policy goal over individual fairness is a point of contention.
Judicial Review: For those facing unjust refusals, Holthe outlines the path to judicial review, though he tempers expectations by explaining the process’s length, cost, and the fact that even a successful review doesn’t guarantee approval but merely a reevaluation.
Human Rights Implications: There’s an underlying theme in Kyryliuk’s analysis about how these practices might infringe on human rights, particularly the right to family life and non-discrimination in administrative procedures.
Documentation: Ensure all documentation is accurate and comprehensive, as suggested by Holthe. Mistakes or omissions can be leveraged by officers to refuse applications.
Understanding Policy Nuances: Kyryliuk recommends deep dives into the policy nuances, understanding that what was acceptable yesterday might not be today due to policy updates.
Community and Support: Both lawyers encourage applicants to engage with communities or forums where experiences are shared, providing a grassroots level of support and information.
Policy Predictions: Holthe speculates on the future, suggesting that these stringent policies might be walked back due to public and political backlash or when the economic benefits of retaining skilled workers become undeniable.
Political Shifts: Kyryliuk muses on how upcoming elections could influence immigration policy, with parties possibly advocating for a return to more inclusive policies or, conversely, even stricter measures.
The Role of Advocacy: Both see a role for advocacy groups, legal professionals, and affected individuals in shaping future policy through dialogue, legal challenges, and public awareness campaigns.
The narrative of spousal open work permits in Canada, as shared by Mark Holthe and Igor Kyryliuk, paints a picture of a policy environment that has become more challenging to navigate.
Their insights not only serve as a warning but also as a guide for those caught in this shift.
While this article offers comprehensive advice, the advice must be tailored to individual circumstances, often requiring the expertise of those like Holthe and Kyryliuk.
As Canada continues to evolve its immigration policies, the stories of those affected remind us of the need for a system that balances economic goals with human compassion.
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