If you are married to or in a common-law relationship with a foreign worker in Canada, you may be wondering whether you can apply for a spousal open work permit (SOWP). The answer depends on both your circumstances and your spouse’s current immigration status. This guide breaks down who qualifies for a Spousal Open Work Permit in Canada, including eligibility criteria, PR pathways, and key requirements.
So, without further ado, let us begin!
Who Can Apply For A Spousal Open Work Permit?
The Canadian government allows certain spouses and common-law partners of foreign workers to apply for an open work permit (OWP). This type of permit is flexible because it does not tie you to a single employer, giving you the freedom to work for almost any company in Canada.
However, your eligibility depends on your spouse’s type of work permit, their occupation under Canada’s NOC TEER system, and whether they are pursuing permanent residency.
Here’s a summary table of the main groups that qualify:
| Worker Status | Worker Conditions |
| Applied for PR through an eligible program or pilot, | • Must hold a valid work permit, issued or approved because of a PR application. • Work permit valid for at least 6 months at the time of applying. |
| Low skilled (working in a TEER 4 or 5 occupation) foreign worker who Received a work permit through an eligible PR pathway, and has not yet applied for PR | • Work authorization must be valid for at least 6 months at the time of applying. |
| High-skilled worker (employed in a TEER 0 or 1 occupation) on a work permit. | • Work authorization valid for at least 16 months at the time of applying. • Currently living or planning to live in Canada while working |
| High-skilled worker (TEER 2 or 3 occupation) on a work permit. | • Must be employed in an occupation on the list of eligable TEER 2 and 3 occupations. • Work authorization valid for at least 16 months at the time of applying • Currently living or plan to live in Canada while working |
| Foreign workers in Canada under Free Trade Agreements (FTAs) | Depends on the terms of each individual free trade agreement. |
Key Requirements For The Main Applicant
In all cases, the primary work permit holder (your spouse or partner) must:
- Hold valid work authorization.
- Be living in Canada or demonstrate a clear plan to live and work in Canada.
Requirements For The Spouse Applying For A Work Permit
As the spouse or common-law partner, you must also meet Canada’s general eligibility rules for work permits. This means you need to:
- Prove to the immigration officer that you will leave Canada once your permit expires.
- Show proof of financial resources to support yourself and any dependents during your stay and to pay for your return home.
- Obey Canadian laws and have no criminal history (a police clearance may be requested).
- Demonstrate you are not a security risk.
- Be in good health and undergo a medical exam, if required.
- Avoid employers who are listed as “ineligible” due to program violations.
- Avoid jobs that involve striptease, erotic dance, escort services, or erotic massages.
- Provide any additional documents requested to prove your eligibility.
Understanding Spouses And Common-Law Partners
For immigration purposes:
- Spouses are individuals who are legally married, regardless of where the marriage took place.
- Common-law partners are those who have lived together in a conjugal relationship for at least 12 consecutive months. Short separations for work, travel, or family reasons are allowed, but the relationship must otherwise be continuous.
Eligible PR Programs And Pilots
In order to know who qualifies for a Spousal Open Work Permit in Canada, let us discuss eligible PR programs as well as pilots.
Well, foreign workers applying for PR through specific immigration streams can support a spousal work permit application. These include:
- Agri-Food Pilot
- Atlantic Immigration Program (AIP)
- Canadian Experience Class (CEC)
- Federal Skilled Trades Program (FSTP)
- Federal Skilled Worker Program (FSWP)
- Quebec Skilled Worker Program (PSTQ)
- Quebec Investor Program
- Home Child Care Provider and Home Support Worker Pilots (Direct to PR stream)
- A Provincial Nominee Program (PNP)
- Rural and Northern Immigration Pilot (RNIP)
- Start-up Business Class (SUV)
Eligible PR Pathways For Low Or Semi-Skilled Workers
For TEER 4 and 5 workers, spousal eligibility applies if they are pursuing one of these PR pathways:
- PNPs
- Quebec business and self-employed programs with a CSQ
- Quebec Investor Program
- Start-up Business Class (SUV)
- Atlantic Immigration Program (AIP)
- Agri-Food Pilot
- Yukon Community Pilot
What is TEER?
The TEER system (Training, Education, Experience, and Responsibilities) is Canada’s way of categorizing jobs under the National Occupation Classification (NOC).
- TEER 0: Management jobs (highest skill level).
- TEER 1: Jobs requiring a university degree.
- TEER 2: Occupations requiring college diplomas or apprenticeship training.
- TEER 3: Jobs needing college or apprenticeship training, but at a lower skill level than TEER 2.
- TEER 4: Occupations that require secondary school education.
- TEER 5: Jobs requiring short-term training or no formal education (lowest skill level).
When Can Spouses Receive An OWP?
In order to know who qualifies for a Spousal Open Work Permit in Canada, let us discuss some scenarios.
Scenario 1: Spouse Of A Worker Applying For PR
If your spouse is applying for permanent residence through an eligible PR pathway, you may qualify for an OWP if:
- Your spouse holds a valid work permit (or has been approved for one).
- This could be an employer-specific work permit or an open work permit (OWP) granted under a non-family category.
- The permit is valid for at least six more months when you apply.
- The work permit was issued based on a PR application under an eligible economic class permanent residence program or pilot.
- Your spouse lives and works in Canada or has clear plans to do so.
Important: The Francophone Community Immigration Pilot (FCIP) and the Rural Community Immigration Pilot (RCIP) are not considered eligible PR pathways under scenario 1. Therefore, spouses and common-law partners of foreign workers in these programs cannot obtain a work permit through the conditions listed above. Instead, they may apply for an open work permit (OWP) directly under the FCIP or RCIP.
Scenario 2: Spouse Of A Low-Skilled Worker On A PR Pathway
In scenario 2, being on a pathway to permanent residency (PR) means that the foreign worker has obtained a work permit through an eligible PR stream and is actively building their eligibility for that pathway by working in Canada.
In such cases, spouses or common-law partners may qualify for an open work permit (OWP) if the foreign worker meets all of the following requirements:
- Your spouse has a valid work permit, approval for one, or authorization to work without one.
- Their work authorization is valid for at least six more months.
- They are actively on a PR pathway through an eligible program.
Family Members Of Agri-Food Pilot Applicants
If your spouse is in the Agri-Food Pilot, their family may also qualify if:
- They hold an LMIA-based work permit in the agriculture or low-wage stream.
- They’ve received an Acknowledgement of Receipt (AOR) for their PR application.
Work Permit Holders Under Free Trade Agreements
Spouses or common-law partners of certain foreign workers holding work permits under Free Trade Agreements (FTAs) may also be eligible for an open work permit (OWP). The exact eligibility depends on the specific terms outlined in each FTA.
If a spouse or partner does not qualify directly through an FTA, they may still apply for an OWP as long as they meet the general conditions mentioned earlier.
Some examples of FTAs that provide this opportunity for spouses include:
- Canada-UK Trade Continuity Agreement (CUKTCA)
- Canada-Colombia Free Trade Agreement (CCOFTA)
- Canada-EU Comprehensive Economic and Trade Agreement (CETA)
- Canada-Korea Free Trade Agreement (CKFTA)
- Canada-Ukraine Free Trade Agreement (CUFTA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
If not eligible under the FTA itself, spouses may still apply using the general criteria above.
Who Is Not Eligible Under Scenario 2?
Spouses do not qualify if the foreign worker:
- Has a pending refugee claim.
- Is under a removal order.
- Is an international student in a co-op program or working without a permit.
- Holds a spousal open work permit.
Scenario 3: Spouse Of A High-Skilled Worker (TEER 0 or 1)
Spouses of highly skilled workers in TEER 0 or 1 may apply if:
- The worker has a valid work permit, approval, or authorization to work.
- Their permit is valid for at least 16 months from the time of application.
Scenario 4: Spouse Of A Skilled Worker (TEER 2 or 3)
For TEER 2 and 3 occupations, spouses may be eligible if:
- The foreign worker is employed in an occupation from the official list of eligible jobs.
- They hold a valid work permit, approval, or work authorization.
- Their permit remains valid for at least 16 months at the time of the spouse’s application.
Who Is Not Eligible Under Scenario 4?
Spouses cannot qualify if the foreign worker:
- Has a pending refugee claim.
- Is subject to a removal order.
- Is an international student (with or without a permit).
- Is waiting for approval of a Post-Graduation Work Permit (PGWP).
- Holds a spousal open work permit.
Final Thoughts
Applying for a spousal open work permit can be an excellent way for partners of foreign workers to gain employment in Canada. The rules, however, are detailed and depend on the spouse’s work status, occupation level, and whether they are on a pathway to permanent residency.
By understanding which scenario applies to you, checking whether your spouse’s permit meets validity requirements, and ensuring you meet the general conditions, you can confidently determine your eligibility.
If you’re unsure, consulting with an immigration professional can help ensure your application is complete and aligned with IRCC requirements.
MakeHomeCanada, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at [email protected].
