Spousal open work permit

01 What is a Spousal Open Work Permit

A spousal open work permit, often called a SOWP, is a work permit that may be available to the spouse or common-law partner of an eligible student, worker, or permanent residence applicant. Unlike an employer-specific permit, it generally does not require a job offer or a Labour Market Impact Assessment and can allow work for most employers in Canada.

“Spousal open work permit” is a practical umbrella term, not one eligibility category. The legal basis, application instructions, and supporting proof differ according to the principal person's situation.

02 Main Eligibility Routes

Your first step is to identify the correct route. Similar-looking applications can have materially different requirements.

Spouse or Partner of an International Student

This route is limited to spouses and common-law partners of students in specified programs. It can include an eligible master's degree program, a doctoral degree program, listed professional university degrees, and certain programs specifically recognized by IRCC.

Spouse or Partner of a Foreign Worker

Eligibility depends on the worker's authorization, job, National Occupational Classification (NOC) and Training, Education, Experience and Responsibilities (TEER) category, remaining period of authorized work, and whether the worker is on an eligible pathway to permanent residence. Separate rules can apply under certain free trade agreements and special federal-provincial measures.

Sponsored Spouse or Partner Living in Canada

A spouse, common-law partner, or conjugal partner being sponsored for permanent residence may qualify under the in-Canada public policy when living in Canada with the sponsor and meeting the applicable permanent residence, relationship, and temporary status requirements.

03 Who Can Apply

Every applicant must meet the general requirements for a work permit and the criteria for one specific route.

If Your Spouse or Partner is Studying

• the student must hold a valid study permit
• the student must be enrolled in an eligible master's, doctoral, professional degree, or specifically listed program
• you must prove that your marriage or common-law partnership is genuine

If Your Spouse or Partner is Working

• the worker must hold or be approved for qualifying authorization to work in Canada
• for a high-skilled worker who is not on an eligible permanent residence pathway, the job must be in TEER 0 or 1, or in an occupation specifically selected by IRCC in TEER 2 or 3
• the worker must be living or planning to live in Canada while working
• if you apply from inside Canada, you must have valid temporary resident status, maintained status, or be eligible for restoration where the selected measure requires it

If You Are Being Sponsored

• you must be included in a qualifying spousal or partner permanent residence application
• you must live in Canada at the same address as your sponsor
• if you have valid temporary resident status, maintained status, or have applied and are eligible for restoration, you may apply after IRCC issues the permanent residence acknowledgement of receipt (AOR)
• you may apply without the AOR only under IRCC's narrow exception when your relevant temporary status expires in two weeks or less and you have submitted a qualifying spousal or partner permanent residence application
• if you are out of status and rely on the applicable spousal public policy, you must wait for approval in principle and follow IRCC's required application procedure

04 How to Apply

Most applicants apply online. The usual process is:

05 Documents and Proof

Your checklist will depend on the route and where you apply. Common evidence includes:

• Identity documents — a valid passport, photographs, and the forms generated for your application
• Proof of relationship — a marriage certificate or evidence of at least one year of continuous common-law cohabitation, supported by records that show a genuine shared life
• Principal person's authorization — a study or work permit, letter of introduction, or other proof of lawful study or work
• Student records — a current letter of acceptance, proof of enrolment, transcripts, and evidence that the program falls within an eligible category
• Worker records — an employment letter or offer describing the job and duties, the NOC and TEER category, and proof of the required period of work authorization
• Permanent residence records — the acknowledgement of receipt, proof the family member was included, and documents connecting the work permit request to the qualifying application or pathway
• Temporary status records — current permits, visitor records, maintained-status evidence, or restoration documents where applicable

Proving a Common-Law Partnership

A common-law partner is someone who has cohabited with the principal person in a conjugal relationship for at least one continuous year. A narrow legal exception can apply where persecution or penal control prevented cohabitation. Evidence can include a statutory declaration, joint lease or mortgage, shared bills and accounts, insurance or benefit records, government correspondence, and other consistent records covering the required period.

Medical Examination and Work Restrictions

IRCC may require a medical examination based on where you have lived and the work you intend to do. Without the required examination, a permit may restrict work in health services, child care, primary or secondary education, and some agricultural occupations.

06 Validity, Work Conditions, and Travel

A SOWP is usually tied to the period supported by the principal person's status or the applicable public policy. For a spouse of an international student, IRCC says the permit is most often valid for the same period as the student's study permit. The applicant's passport expiry can shorten the permit.

An open work permit generally allows work for most employers without a new permit for each job. It does not allow work for an employer listed as ineligible for non-compliance or for an employer that regularly offers striptease, erotic dance, escort services, or erotic massages. Medical restrictions may also appear on the permit.

07 Extensions, Status, and Refusals

A SOWP is not extended automatically. Before it expires, confirm that you still meet the extension rules for your route and apply with updated evidence. Under the current student-spouse extension rules, the student must hold a valid study permit, be physically in Canada or intend to be in Canada while studying, be enrolled full-time in a PGWP-eligible program at a designated learning institution, and not be in the final term of the program. The spouse's permit cannot be extended beyond the student's study permit.

Some in-Canada family members of workers may qualify under separate extension rules when their initial work permit was issued for a shorter period than the principal worker's permit. The requirements depend on the measure under which the original permit was issued.

If you apply from inside Canada to extend your work permit before it expires, you may have maintained status and may be able to keep working under the same conditions while IRCC decides the application. Applying after status expires is different: restoration may be available in limited circumstances, but it does not normally authorize work while you wait.

If an application is refused, a new application may be possible if you remain eligible. Repeating the same application is unlikely to resolve the problem. First review the visa officer's reasons, correct missing or inconsistent information, and address the concern with stronger evidence.

08 Frequently Asked Questions