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Work Permits

Spousal Open Work Permit (SOWP)

If your spouse or partner studies or works in Canada, or is sponsoring you for permanent residence from within Canada, you may be eligible for an open work permit. The correct route depends on the status and activities of the person in Canada and, for sponsored applicants, the stage of the permanent residence application.

01 What Is a Spousal Open Work Permit?

A spousal open work permit is a work permit available in specific situations to the spouse or common-law partner of an eligible person in Canada. It is not tied to one employer, so no job offer or Labour Market Impact Assessment (LMIA) is normally required.

A work permit authorizes work in Canada. It is not a travel document. You still need a valid passport and, where required, a valid visitor visa or electronic travel authorization (eTA) to travel to Canada.

Being married or in a common-law relationship does not by itself create eligibility. You must qualify under an available work-permit category and meet the general requirements for a work permit.

02 Which Pathway Applies?

View the category that matches the person whose status or application may support your work permit.

Spouse or Partner of an International Student

For applications made under the current rules, the student must hold a valid study permit and be enrolled in one of the following:

  • a master’s degree program that is at least 16 months long;
  • a doctoral degree program;
  • one of the professional university degree programs listed by IRCC; or
  • another program specifically identified by IRCC as eligible.

The applicant must be the student’s genuine spouse or common-law partner and must meet the general work-permit requirements.

Spouse or Partner of a Foreign Worker

A spouse or common-law partner of a foreign worker may qualify for an open work permit under several categories. Eligibility depends on the worker’s occupation, work authorization and, in some cases, connection to a permanent residence pathway.

  • Certain high-skilled workers: The worker must generally be employed, or have a job offer, in a TEER 0 or 1 occupation or a selected TEER 2 or 3 occupation under Canada’s National Occupational Classification (NOC) system. The worker must also generally have at least 16 months of work authorization remaining when IRCC receives the spouse or partner’s application.
  • Workers connected to permanent residence: Different requirements apply where the worker has already applied for permanent residence through an eligible economic immigration program or is working under an eligible pathway to permanent residence. Depending on the category, at least 6 months of remaining work authorization may be required.
  • Special programs and agreements: Separate eligibility rules may apply to workers covered by certain free trade agreements, designated projects or other special programs.

Because eligible occupations, permanent residence pathways and special categories can change, the current IRCC requirements should be reviewed before applying.

Spouse or Partner Being Sponsored for Permanent Residence

A spouse, common-law partner or conjugal partner living in Canada may be eligible while being sponsored for permanent residence. The principal applicant must generally:

  • be in a genuine relationship with the sponsor;
  • be included in a permanent residence application and have the acknowledgement of receipt (AOR) confirming that IRCC is processing it; and
  • live in Canada with the sponsor.

03 What Documents Do You Need?

The exact checklist depends on the pathway and where you apply. The documents must establish both the qualifying relationship and eligibility under the selected work-permit category.

Documents for the Student Route

A marriage certificate or, for common-law partners, evidence of the common-law relationship.
A copy of the student’s valid study permit.
A valid letter of acceptance, proof-of-enrolment letter or current transcripts.
Where applicable, proof that the student is enrolled in a specifically eligible program.

Documents for the Worker Route

Proof of marriage or the common-law relationship.
The worker’s work permit, letter of introduction or other proof of authorization to work.
An employer letter or offer showing the occupation, duties and NOC or TEER category where the occupational test applies.
Proof of the worker’s permanent-residence application, eligible pathway or special category where that is the basis for eligibility.

Documents for the Sponsorship Route

The acknowledgement of receipt (AOR) for the permanent residence application, where required.
Proof of your current immigration status in Canada, where applicable.
Proof of the qualifying relationship, as applicable.
Any additional forms and documents required by the personalized IRCC checklist and the applicable work-permit instructions.

04 How to Apply

The application is generally made online. The questions you answer in your IRCC account create the document checklist for your location and category.

Confirm the Correct Category

Identify whether the application is based on an eligible student, worker or sponsored permanent-residence applicant. Review the current rules that apply on the date of filing.

Prepare the Application

Complete the required work-permit form and gather identity documents, proof of the relationship and the category-specific evidence shown on the personalized checklist.

Apply Online and Pay the Fees

Submit the application through the correct IRCC account or portal and pay the work-permit processing fee and open-work-permit holder fee.

Respond to IRCC

Provide biometrics, a medical examination or additional documents if requested. You may start working only when you are authorized to do so.

05 Working With an Open Work Permit

Most Employers

An open work permit normally allows work for most employers in Canada without a separate LMIA or employer-specific permit.

Permit Conditions

You must follow every condition printed on the permit. A medical examination may be required before you can work in certain occupations.

Permit Expiry

Your authorization ends on the expiry date shown on the permit. The validity granted may be limited by the supporting person’s status, your passport or the applicable program rules.

Submitting an application does not always authorize you to work. If you do not already have work authorization, wait until the permit is approved before starting employment.

06 Frequently Asked Questions

Does every spouse or common-law partner of an international student qualify for a spousal open work permit?+
No. The student must have a valid study permit and be enrolled in a qualifying program. These include master’s degree programs of at least 16 months, doctoral degree programs, certain professional degree programs and other specifically eligible programs.
Does every spouse or common-law partner of a foreign worker qualify for a spousal open work permit?+
No. Eligibility depends on the worker’s occupation, work authorization and the time remaining on it. Different rules may apply if the worker has applied for permanent residence, is on an eligible pathway to permanent residence, or works under a qualifying free trade agreement or special program.
Can I apply for an open work permit while being sponsored for permanent residence?+
You may be eligible if you are being sponsored as a spouse or partner and live in Canada with your sponsor. You generally need an acknowledgement of receipt (AOR) confirming that IRCC is processing your permanent residence application.
Do I need a job offer to apply for a spousal open work permit?+
No. You do not need a job offer when you apply. A spousal open work permit is not tied to a particular employer. Once issued, it allows you to work for most employers in Canada.
Can I work while my spousal open work permit application is being processed?+
It depends on whether you are already authorized to work. If you do not have work authorization, you must wait until your spousal open work permit is approved. If you have a valid work permit and apply before it expires, you may be able to keep working while you remain in Canada and wait for a decision. You must follow the conditions of your current permit. For example, if it names a specific employer, you must continue working for that employer until your open work permit is approved.
Can I travel while my spousal open work permit application is being processed?+
Yes, but check your documents before leaving Canada. If you need a visitor visa to return, it must be valid when you travel back. If you are visa-exempt, you may need an eTA to fly to Canada. A pending work permit application does not replace either document or guarantee re-entry. If your current work permit has expired and you leave while working under maintained status, you cannot resume work when you return until your new permit is approved.
How long will my spousal open work permit be valid?+
It depends on the category. For spouses or common-law partners of eligible students or workers, the permit is normally valid for the same period as the supporting person’s study or work permit. Your passport or other applicable limits may result in a shorter permit.

Talk to a Licensed Expert

Unsure which spousal work-permit route applies?

Our licensed team can review the supporting person’s status, the applicable category and the documents required for your application.

BroadGate founder
Disclaimer

The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration laws, policies, fees and requirements change regularly. Always verify current information with the appropriate government authority or contact BroadGate Immigration for guidance before making any decisions.

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