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Spousal Open Work Permits in Canada: Eligibility, Rules & How to Apply

ICC Immigration Inc > Blogs > Announcement > Spousal Open Work Permits in Canada: Eligibility, Rules & How to Apply

Canada’s immigration system offers generous opportunities for families to live and work together. One of the most important pathways is the Spousal Open Work Permit (SOWP) — which allows the spouse or common-law partner of a foreign worker to work for almost any employer in Canada without needing a Labour Market Impact Assessment (LMIA). This article explains who qualifies for a spousal work permit in Canada, outlines key eligibility scenarios, and shows how ICC Immigration can help you secure your future in Canada.

Who Is Eligible for a Spousal Open Work Permit in Canada?

Eligibility depends on the foreign worker’s occupation, immigration pathway, and the duration of their work authorization. Below is a simplified breakdown of the main categories:

1. Spouse of a Foreign Worker Applying for Permanent Residency

If your spouse has applied for Permanent Residency (PR) through an eligible program such as the Express Entry Federal Skilled Worker Program, Canadian Experience Class, Provincial Nominee Program (PNP), or Atlantic Immigration Program, you may qualify for a spousal work permit if:

  • The foreign worker holds a valid work permit or has received approval for one.

  • The work permit will remain valid for at least six months after your application is received.

  • Your spouse lives and works in Canada (or clearly intends to).

2. Spouse of a Low-Skilled Foreign Worker on a PR Pathway (TEER 4 or 5 Jobs)

If your spouse is employed in a TEER 4 or TEER 5 occupation but is on an eligible PR pathway such as the Agri-Food Pilot, AIP, or Yukon Community Pilot, you may still qualify if the worker’s permit is valid for at least six months.
Examples of TEER 4 or 5 jobs include many entry-level service, manufacturing, or agricultural positions.

3. Spouse of a High-Skilled Worker (TEER 0 or 1 Jobs)

If your spouse works in a TEER 0 or TEER 1 occupation (such as senior management, specialized professionals, or technical experts), you may qualify if:

  • Your spouse’s work permit or authorization is valid for at least 16 months.

  • They live and work in Canada (or clearly intend to).

4. Spouse of a Skilled Worker (TEER 2 or 3 Jobs)

You may also qualify if your spouse works in one of the eligible TEER 2 or TEER 3 occupations. This list includes many skilled trades, health-care, and technical roles. Your spouse must hold a valid work permit (or approval for one) with at least 16 months remaining at the time of your application.

5. Spouse of a Worker under a Free Trade Agreement (FTA)

Some Free Trade Agreements (FTAs) — such as CETA, CPTPP, Canada-Korea FTA, or Canada-UK TCA — also allow spousal open work permits. Eligibility depends on the specific terms of the agreement under which your spouse is working.

General Requirements for Spousal Work Permit Applicants

Regardless of the scenario above, all spouses and common-law partners must meet Canada’s general work permit requirements, such as:

  • Holding or restoring valid temporary resident status.

  • Demonstrating sufficient funds to support themselves and their family.

  • Showing intent to leave Canada once the permit expires (unless they later gain PR).

  • Passing background checks and medical exams, if required.

  • Not planning to work for employers who are ineligible due to program non-compliance or offer restricted services (striptease, escort services, etc.).

Spouses include legally married couples, while common-law partners are those who have lived together in a conjugal relationship for at least 12 months.

Programs That Count as Eligible PR Pathways

Canada lists several programs where spousal work permits may be granted, including:

  • Express Entry streams (CEC, FSWP, FSTP)

  • Agri-Food Pilot

  • Atlantic Immigration Program

  • Provincial Nominee Programs (PNPs)

  • Start-up Visa Program

  • Home Child Care Provider Pilot / Home Support Worker Pilot

  • Rural and Northern Immigration Pilot (RNIP)

(Note: Some pilots like the Francophone Community Immigration Pilot or Rural Community Immigration Pilot have different rules. In such cases, spouses can apply directly under that pilot.)

Who Is Not Eligible?

Certain individuals cannot apply under the above categories, including spouses of:

  • Refugee claimants whose case is at the Immigration Refugee Board.

  • Workers under an unenforceable removal order.

  • International students working off campus without a work permit.

  • Foreign workers who themselves hold a spousal open work permit.

Why Use a Professional Immigration Consultant for Your Spousal Work Permit

Canadian immigration rules are complex and subject to change. Mistakes in documentation, misunderstanding eligibility rules, or missing deadlines can cause delays or refusals. This is where ICC Immigration can make a difference.

How ICC Immigration Can Help You Secure Your Future in Canada

At ICC Immigration, we specialize in helping families navigate Canada’s immigration system and choose pathways that lead to stability and permanent residency — rather than relying on uncertain options like asylum.

We provide:

  • Permanent Residency Applications – from Express Entry to PNPs, ensuring your file is complete and processed efficiently.

  • Work Permits and Study Permits – helping you leverage temporary status as a springboard to PR.

  • Family Sponsorships – reuniting you with loved ones while maintaining lawful status.

  • Expert Legal Advice – explaining complex rules, ensuring compliance, and maximizing your chances of approval.

Whether you’re already in Canada or planning to immigrate, our team will assess your case individually and recommend the best possible strategy.

Take Control of Your Future – Don’t Leave It to Chance

Canada’s spousal open work permit system is designed to keep families together while supporting the labour market. If you or your spouse are working in Canada, you could be eligible for a spousal open work permit that allows you to work anywhere and gain valuable Canadian experience.

By working with ICC Immigration, you benefit from personalized guidance, application accuracy, and peace of mind.

📞 Schedule a Free Spousal Work Permit Consultation with ICC Immigration today and take the first step toward a secure and stable life in Canada.

Key Takeaways

  • Spousal Open Work Permits allow spouses and common-law partners of many foreign workers to work in Canada.

  • Eligibility depends on the worker’s job classification, work permit validity, and immigration pathway.

  • ICC Immigration can help you choose the right strategy and avoid costly mistakes.