No Specific Job Offer Required
An eligible applicant generally does not need to obtain a Canadian job offer before applying for an open work permit.
WORK
The spouse or common-law partner of certain international students, foreign workers and permanent residence applicants may be eligible for an open work permit in Canada.
Check Your Spousal Work Permit EligibilitySPOUSAL OPEN WORK PERMIT
A Spousal Open Work Permit may allow an eligible spouse or common-law partner to work for most employers in Canada without first obtaining a specific job offer.
However, being married to or in a common-law relationship with a student or worker in Canada does not automatically make someone eligible for an open work permit.
Eligibility depends on the immigration situation of the person in Canada. Different requirements apply to spouses of international students, spouses of foreign workers and spouses or partners who are being sponsored for permanent residence.
Because these rules have changed significantly in recent years, it is important to identify the correct work permit category before applying.
OPEN WORK PERMIT
Unlike an employer-specific work permit, an open work permit is generally not tied to one specific employer.
An eligible applicant generally does not need to obtain a Canadian job offer before applying for an open work permit.
An open work permit generally allows the holder to work for most eligible employers anywhere in Canada.
Because the permit is generally not tied to one employer, the holder may usually change jobs without applying for a new employer-specific work permit.
The work permit remains a temporary immigration document and does not itself provide permanent resident status.
Medical examination requirements or other work permit conditions may affect the types of employment an applicant is authorized to perform.
Open work permits are available only in specific circumstances. An applicant cannot simply choose an open work permit because their spouse is in Canada.
WHO MAY QUALIFY
The eligibility requirements depend on why your spouse or common-law partner is currently authorized to study, work or remain in Canada.
Spouses and common-law partners of certain international students may qualify if the student is enrolled in an eligible program of study.
Spouses and common-law partners of certain foreign workers may qualify depending on the worker's occupation, work authorization and immigration pathway.
A spouse or partner who is in Canada and being sponsored for permanent residence may be eligible for an open work permit while the permanent residence application is being processed.
INTERNATIONAL STUDENTS
Spouses and common-law partners of international students are no longer automatically eligible for an open work permit simply because the student holds a Canadian study permit.
Under the current rules, the international student generally must hold a valid study permit and be enrolled in a qualifying program.
This includes certain master's degree programs, doctoral degree programs, designated professional degree programs and certain specifically identified eligible programs.
The type and length of the principal student's program can determine whether their spouse or common-law partner is eligible for an open work permit.
Check My ProgramSTUDENT SPOUSE ELIGIBILITY
The student's program of study is one of the most important factors in determining eligibility.
The student may qualify if they are studying in a master's degree program that is 16 months or longer.
A spouse or common-law partner may qualify when the international student is enrolled in a doctoral degree program.
Certain university professional degree programs may also make the spouse or common-law partner eligible.
IRCC also recognizes certain specifically designated programs and initiatives for spousal open work permit eligibility.
PROFESSIONAL DEGREE PROGRAMS
IRCC currently recognizes several professional degree programs for this purpose.
Doctor of Medicine (MD).
Doctor of Dental Surgery or Doctor of Dental Medicine (DDS / DMD).
Bachelor of Laws, Juris Doctor or Bachelor of Civil Law (LLB / JD / BCL).
Doctor of Optometry (OD).
Certain qualifying pharmacy professional degree programs.
Doctor of Veterinary Medicine (DVM).
Certain Bachelor of Nursing and Bachelor of Science in Nursing programs.
Bachelor of Education (BEd).
Certain Bachelor of Engineering professional degree programs.
FOREIGN WORKERS
The spouse or common-law partner of a foreign worker may be eligible for an open work permit, but the rules depend on the principal worker's occupation and immigration situation.
For many foreign workers who are not already on an eligible permanent residence pathway, the principal worker must be employed or expected to work in a qualifying occupation.
The remaining validity of the principal worker's work authorization can also be important.
For many applications, IRCC reviews the principal worker's occupation under Canada's National Occupational Classification system.
Review My NOCHIGH-SKILLED WORKERS
For foreign workers who are not relying on a separate eligible permanent residence pathway, current rules generally focus on the worker's occupation and remaining work authorization.
Workers employed or expected to be employed in management occupations classified as TEER 0 may support an eligible spouse's open work permit application.
Workers in professional occupations classified as TEER 1 may also support an eligible spouse or common-law partner.
Only certain occupations within TEER 2 and TEER 3 qualify under the current family open work permit rules.
In many high-skilled worker cases, the principal worker's work authorization must remain valid for at least 16 months after IRCC receives the spouse's application.
Some workers may qualify under separate family open work permit measures with different requirements. For example, certain workers under designated Significant Investment Projects in British Columbia and certain foreign-trained health professionals recruited by Quebec may be exempt from the usual 16-month work authorization requirement.
PERMANENT RESIDENCE PATHWAYS
Some foreign workers who have already applied for permanent residence through an eligible economic immigration program, or who are working under certain designated pathways to permanent residence, may support family open work permit applications under separate rules.
In some of these cases, eligibility is not limited to TEER 0, 1 or selected TEER 2 and 3 occupations. Certain workers in TEER 4 or 5 occupations may also qualify where they meet the requirements of an eligible permanent residence pathway.
The required remaining validity of the principal worker's work authorization may also be different. For certain workers who have already applied for permanent residence, the work permit generally must remain valid for at least six months after IRCC receives the family member's application.
Do not assume that the standard TEER rule automatically determines eligibility if the principal worker has already applied for permanent residence or is working under an eligible PR pathway.
Review My PR PathwaySPOUSAL SPONSORSHIP
A spouse, common-law partner or conjugal partner living in Canada and being sponsored for permanent residence may be eligible for an open work permit while the permanent residence application is processed.
The sponsored spouse or partner must be living in Canada with their sponsor.
The applicant must be in a genuine qualifying relationship with the person sponsoring them.
The applicant must be included in a qualifying spouse or partner permanent residence application.
In most cases, the applicant applies after IRCC confirms that the permanent residence application is complete and issues an acknowledgement of receipt.
The applicant generally must have valid temporary resident status, maintained status or be eligible for restoration.
An applicant may be able to apply without an acknowledgement of receipt if their work permit, study permit or temporary resident status will expire in two weeks or less and the applicable permanent residence application has already been submitted.
RELATIONSHIP
The applicant must establish a qualifying relationship with the person whose immigration status makes the open work permit possible.
A legally valid marriage may establish the spousal relationship, subject to Canadian immigration requirements.
Common-law partners generally must demonstrate at least 12 consecutive months of cohabitation in a conjugal relationship.
IRCC may review whether the relationship is genuine and was not entered into primarily for immigration purposes.
Marriage certificates, common-law documentation and other relationship evidence may be required depending on the application category.
DOCUMENTATION
The exact supporting documents depend on whether the principal applicant is a student, worker or permanent residence applicant.
Marriage certificates, common-law evidence and supporting relationship documentation may be required.
A copy of the principal applicant's study permit, work permit or other immigration document may be required.
Student cases may require proof of enrolment, transcripts, a letter of acceptance or other evidence confirming the qualifying program.
Worker cases may require evidence of employment, occupation, NOC classification, job offer or work authorization.
Where eligibility is connected to a permanent residence application, IRCC correspondence such as an acknowledgement of receipt may be required.
Applicants applying from within Canada may need to provide evidence of their current temporary resident status, maintained status or restoration eligibility.
APPLICATION PROCESS
Before applying, the correct eligibility category should be identified and documented.
Determine whether eligibility is based on a spouse who is studying, working, pursuing permanent residence or sponsoring the applicant.
Review the principal applicant's program, occupation, immigration status, permit validity or permanent residence pathway.
Confirm the qualifying spouse, common-law or, where applicable, conjugal partner relationship and prepare the appropriate relationship documentation.
Gather immigration records, employment or school documents, relationship evidence and other supporting materials.
Complete and submit the appropriate work permit application through IRCC with the applicable supporting documents and government fees.
PERMIT VALIDITY
The length of a spousal open work permit depends on the immigration category and the validity of the documents supporting the application.
A spousal open work permit is normally issued for a period that corresponds with the validity of the principal spouse or common-law partner's study or work permit.
The principal applicant's permit validity can therefore affect both eligibility and the length of the spouse's open work permit.
Passport validity and other immigration requirements can also limit the period for which a work permit is issued.
The principal applicant's immigration document and the spouse's passport should be reviewed before submission to identify potential validity issues.
Review My Permit DatesCOMMON MISUNDERSTANDINGS
Current eligibility rules are more restrictive than they were in the past.
Many college, undergraduate and shorter study programs do not make a spouse eligible for a new spousal open work permit.
The principal worker's occupation, work authorization and permanent residence pathway may all affect eligibility.
For many foreign worker cases, only selected TEER 2 and TEER 3 occupations are eligible under the current rules.
A valid relationship is required, but the principal applicant must also meet the applicable immigration criteria.
WORK AUTHORIZATION
Submitting a Spousal Open Work Permit application does not automatically give every applicant permission to begin working in Canada.
Whether an applicant can continue working while waiting for a decision depends on their existing immigration status, current work authorization and whether they meet the requirements for maintained status as a worker.
Someone who is currently only authorized to visit or study in Canada should not assume that submitting an open work permit application permits them to start working.
Working without authorization can create serious immigration consequences. Confirm your ability to work before starting employment.
Check My Work AuthorizationHOW WE CAN HELP
AddPlus Immigration Solutions Inc. can assess the principal applicant's immigration situation together with the spouse's eligibility before an application is submitted.
We review whether the student, worker or permanent residence applicant falls within an eligible family open work permit category.
For foreign worker cases, we can review the principal worker's occupation and determine whether it meets the applicable occupational requirements.
We help identify and organize the immigration, employment, educational and relationship evidence relevant to the application.
We review timing, status expiry dates and the principal applicant's immigration plans to determine an appropriate application strategy.
IMPORTANT INFORMATION
Canada has introduced significant changes to family open work permit eligibility, particularly for spouses of international students and temporary foreign workers.
Information that applied to an application several years ago may no longer reflect current eligibility requirements.
Before applying, review the principal applicant's current study or work permit, program of study, occupation, NOC code, work permit expiry date and any permanent residence application or pathway.
Tell us whether your spouse is studying, working or applying for permanent residence in Canada, and we can help identify the applicable eligibility rules.
Request an AssessmentWORK TOGETHER IN CANADA
Tell us about your relationship, your spouse's current immigration status, program of study or occupation, and your immigration plans in Canada. Our team can help you understand whether a Spousal Open Work Permit may be available.
Assess Your Eligibility