Spousal Open Work Permit
- A spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence
- An accompanying dependent child of the principal applicant
- You must be in a genuine relationship with your sponsor
- Included in an application for permanent residence, and have an Acknowledgement of Receipt (AOR) letter confirming that your permanent residence application is being processed
- Living in Canada with your sponsor.
Spouse or Common-Law Partners may qualify to apply for an open work permit under following programs:
- Spouses or common-law partners of skilled workers [C41]
- Spouses or common-law partners of full-time students [C42]
- Spouses or common-law partners under inland spousal sponsorship
Spouses or common-law partners of skilled workers (C41)
Spouses or common-law partners of skilled workers coming to Canada or working in Canada may apply for an open work permit without having an offer of employment. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41 if the principal foreign worker:
- Holds a work permit that is valid for a period of at least 6 months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of 6 months.
- Is employed in a TEER category 0, 1, 2 or 3 of the occupation.
- Physically resides or plans to physically reside in Canada while working.
Specific eligibility requirements for different programs:
Spouses or common-law partners of Atlantic Immigration Pilot (AIP) work permit holders
Spouses or common-law partners may apply for an open work permit if their spouse or common-law partner is an AIP participant and is employed in TEER category 0, 1, 2 or 3 of the occupation
Spouses or common-law partners of bridging open work permit (BOWP) holders
If the principal foreign worker has obtained a bridging open work permit (BOWP), the following eligibility requirements apply:
- Work permits of principal foreign worker must be valid for 6 months or longer.
- For spouses or common-law partners of federal skilled worker class (FSWC) applicants, the BOWP holder must be performing work that falls within TEER category 0, 1, 2 or 3 of the occupation
- Spouses or common-law partners of provincial nominee class (PNC) applicants may qualify for an open work permit irrespective of the skill level of the principal PNC applicant’s occupation.
- For spouses or common-law partners of federal skilled trades class (FSTC) applicants, the BOWP holder must be performing work that is within one of the skilled trade occupations in TEER 2 and 3.
- For spouses or common-law partners of Canadian experience class (CEC) applicants, there are no set preconditions to be met by the principal CEC applicant.
- For spouses or common-law partners of caregiver applicants, the BOWP holder must be performing work within one of the qualifying occupations in TEER 0, 1, 2 or 3.
- For spouses or common-law partners of Agri-Food Pilot (AFP) applicants, the BOWP holder must be performing work that is at a level that falls within TEER category 0, 1, 2 or 3 of the occupation.
Spouses or common-law partners of open work permit holders
- If the principal foreign worker is the holder of an open work permit (for example, a post-graduation work permit or a working holiday work permit), he/she must be employed for work in TEER category 0, 1, 2 or 3 of the occupation.
Spouses or common-law partners of provincial nominee work permit holders
Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province are entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant or until the expiry of the spouse or common-law partner’s passport or travel document, whichever is earlier, irrespective of the skill level of the principal applicant’s occupation.
Spouses or common-law partners of full-time students (C42)
Spouses or common-law partners of international students currently studying in Canada may apply for an open work permit. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C42 if their spouse/common law partner is a study permit holder and is a full-time student at:
- A public post-secondary institution, such as A college / trade/technical school / university / CEGEP in Quebec.
- A private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec.
- A private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization.
- A Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s, or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.
Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.
Validity
Work permits may be issued with a validity date to coincide with the spouse’s study permit.
Spouses or common-law partners under inland spousal sponsorship
Open work permits under this program are limited to applicants living in Canada who have applied under the spouse or common-law partner in Canada class, and who have temporary resident status or are eligible to restore their temporary resident status (as a visitor, student, or worker) and live at the same address as their sponsor. Open work permit allows spouse/common law partners to work in Canada while their permanent residency application is in process.
For Provincial Nominee Programs who have streams under Express Entry:
- British Columbia Provincial Nominee Program (BCPNP)
- Alberta Immigrant Nominee Program (AINP)
- Saskatchewan Immigrant Nominee Program (SINP)
- Manitoba Provincial Nominee Program (MPNP)
- Ontario Immigrant Nominee Program (OINP)
- Newfoundland and Labrador Provincial Nominee Program (NLPNP)
- Nova Scotia Nominee Program (NSNP)
- Prince Edward Island Provincial Nominee Program (PEI PNP)
- New Brunswick Provincial Nominee Program (NBPNP)
- Yukon Nominee Program (YNP)
- Northwest Territories Nominee Program (NTNP)
If you’re not eligible for a BOWP yet
Don’t let your work permit expire while you wait for an invitation to apply. We can help maintain your status in Canada by extending your work permit.