Spouse Open Work Permit

Work Opportunities for Spouses in Canada

Canada is a desirable destination for immigrants due to its vast employment opportunities and welcoming environment. The Canadian government recognizes the importance of family reunification and offers many programs to reunite families. One such program is the Spouse Open Work Permit (SOWP), which allows the spouse of a Canadian citizen or permanent resident to work in Canada for any employer, including self-employment, without the need for a job offer. The permit is open, meaning the spouse is not tied to a particular employer or occupation.

Who is eligible for a Spouse Open Work Permit?

To be eligible for a Spouse Open Work Permit, the applicant must be married to or in a common-law relationship with a Canadian citizen or permanent resident. The sponsoring spouse or partner must provide evidence of their status as a Canadian citizen or permanent resident. The applicant must also meet the eligibility requirements for temporary residence in Canada, such as being in good health and not having a criminal record.

1. Spouses or common-law partners of skilled workers –
   
   Spouses or common-law partners of skilled workers coming to or working in Canada are eligible to apply for an open work permit even if they do not have a job offer. The dependent spouse may apply for an open work permit if the principal applicant fulfills the following requirements.
   • Accommodates a work permit that is valid for a period of no less than six months, or, will be working under the authority of section R186 without a work permit and can prove that they will be employed for at least 6 months.
   • Has a job in any National Occupational Classification (NOC) skill category TEER 0, 1, 2, or 3 occupations.
   • Is currently residing in or is planning to reside in Canada.
2. Spouses or common-law partners of full-time students-
   
   International students studying in Canada may apply for an open work visa with their spouses or common-law partners. If a dependent spouse or common-law partner is a holder of a study permit and a full-time student at one of the following institutions, they may be entitled to apply for an open work permit under LMIA exemption code C42.
   • A Canadian public post-secondary institution, such as a
     • College
     • Trade or technical school
     • University
     • CEGEP in Quebec
   • A private post-secondary institution in Quebec 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 (DVS) or an attestation of vocational specialization (AVS)
   • A Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s degree, or doctorate), but only if the study permit holder is enrolled in a study program leading to a degree as authorized by the province, which may not include all study programs offered by the private institution.
3. Spouses or common-law partners under the inland spousal sponsorship-
   
   This program is limited to applicants who are living in Canada and have applied under the spouse or common-law partner in Canada class. They also must be temporary residents or are eligible to restore their temporary resident status and live at the same address as their sponsor.
4. Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders-
   
   Spouses or common-law partners of Atlantic Immigration Pilot (AIP) work permit holders are also eligible to apply for a Spouse Open Work Permit in Canada.
   
   To be eligible for a Spouse Open Work Permit under this category, the following requirements must be met:
   • The foreign worker must hold a valid AIP work permit,
   • The applicant must be the spouse or common-law partner of the AIP work permit holder,
   • The applicant must be legally allowed to work in Canada,
   • The AIP work permit holder must be employed in a job that is classified as skill type TEER 0, 1, 2, or 3 under the National Occupational Classification (NOC),
   • The AIP work permit must be valid for at least six months or more.
     
     If the above requirements are met, the spouse or common-law partner of the AIP work permit holder may be granted an open work permit, which will allow them to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA).
5. Spouses or common-law partners of bridging open work permit (BOWP) holders
   
   Spouses or common-law partners of Bridging Open Work Permit (BOWP) holders are also eligible to apply for a Spouse Open Work Permit in Canada. A BOWP is a type of open work permit that allows certain temporary foreign workers who have applied for permanent residence in Canada to continue working in Canada while they await a decision on their application.
   
   To be eligible for a Spouse Open Work Permit under this category, the following requirements must be met:
   
   • The applicant must be the spouse or common-law partner of a BOWP holder,
   • The BOWP holder must have applied for permanent residence under one of the following categories:
     • The Federal Skilled Worker Program (FSWP)
     • The Federal Skilled Trades Program (FSTP)
     • The Canadian Experience Class (CEC)
     • The Provincial Nominee Program (PNP)
     • The Quebec Skilled Worker Program (QSWP)
   • The BOWP holder must have valid temporary resident status in Canada,
   • The BOWP holder’s current work permit must be due to expire within four months,
   • The BOWP holder must have received a positive eligibility assessment on their application for permanent residence.
     
     If the above requirements are met, the spouse or common-law partner of the BOWP holder may be granted an open work permit, which will allow them to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA).
6. Spouses or common-law partners of open work permit holders
   
   Spouses or common-law partners of Open Work Permit (OWP) holders are eligible to apply for a Spouse Open Work Permit in Canada. OWPs allow the holder to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA). OWPs may also be issued to temporary foreign workers, international students, and individuals awaiting the finalization of an application for permanent residence.
   
   To be eligible for a Spouse Open Work Permit under this category, the following requirements must be met:
   • The applicant must be the spouse or common-law partner of a BOWP holder,
   • The OWP holder must be currently employed in Canada under an OWP that is valid for at least six months or more,
   • The OWP holder’s job must be classified as skill type TEER 0, 1, 2, or 3 under the National Occupational Classification (NOC)
   • The applicant must be legally allowed to work in Canada.
     
     If the above requirements are met, the spouse or common-law partner of the OWP holder may be granted an open work permit, which will allow them to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA).
7. Spouses or common-law partners of provincial nominee work permit holders-
   
   Spouses or common-law partners of Provincial Nominee Program (PNP) Work Permit holders are also eligible to apply for a Spouse Open Work Permit in Canada. The PNP is a program through which individual Canadian provinces and territories can nominate candidates for permanent residence in Canada based on their specific economic needs.
   
   To be eligible for a Spouse Open Work Permit under this category, the following requirements must be met:
   • The applicant must be the spouse or common-law partner of a PNP Work Permit holder,
   • The PNP Work Permit holder must have a valid work permit for a job offer in Canada that is supported by a provincial nomination,
   • The PNP Work Permit holder must have applied for permanent residence in Canada through the Provincial Nominee Program and must have received a positive eligibility assessment,
   • The applicant must be legally allowed to work in Canada.
     
     If the above requirements are met, the spouse or common-law partner of the PNP Work Permit holder may be granted an open work permit, which will allow them to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA).
8. Spouses or common-law partners under Inland spousal sponsorship-
   
   Spouses or common-law partners who are being sponsored for permanent residence through the Inland Spousal Sponsorship program are also eligible to apply for a Spouse Open Work Permit in Canada.
   
   To be eligible for a Spouse Open Work Permit under this category, the following requirements must be met:
   • The applicant must be the spouse or common-law partner of a Canadian citizen or permanent resident who is sponsoring them for permanent residence through the Inland Spousal Sponsorship program,
   • The sponsor must have submitted a complete application for permanent residence on behalf of the applicant,
   • The applicant must be living in Canada and have valid temporary resident status, either as a visitor, student, or worker,
   • The applicant must have applied for an open work permit at the same time as their application for permanent residence or before a decision has been made on their permanent residence application.
     
     It is important to note that the Spouse Open Work Permit application must be submitted at the same time as the application for permanent residence or before a decision has been made on the permanent residence application.
9. Spouses or common-law partners of Quebec selection certificate (CSQ) holders
   
   Spouses or common-law partners of Quebec Selection Certificate (CSQ) holders are also eligible to apply for a Spouse Open Work Permit in Canada. The Quebec Selection Certificate is a document issued by the government of Quebec, which allows individuals to apply for permanent residence in Canada.
   
   To be eligible for a Spouse Open Work Permit under this category, the following requirements must be met:
   
   
   • The applicant must be the spouse or common-law partner of a Quebec Selection Certificate holder,
   • The Quebec Selection Certificate holder must have a valid work permit for a job offer in Quebec that is supported by their CSQ,
   • The Quebec Selection Certificate holder must have applied for permanent residence in Canada through the Quebec Skilled Worker Program and must have received a positive eligibility assessment,
   • The applicant must be legally allowed to work in Canada.
     
     If the above requirements are met, the spouse or common-law partner of the Quebec Selection Certificate holder may be granted an open work permit, which will allow them to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA)

How to apply for a Spouse Open Work Permit?

To apply for a Spouse Open Work Permit in Canada, eligible spouses or common-law partners must follow these steps:

1. Determine eligibility: Check the eligibility requirements for the Spouse Open Work Permit program to ensure that you meet all the necessary criteria for the category you are applying under.
2. Gather required documents: Gather all required documents for your Spouse’s Open Work Permit application. Required documents may vary depending on the category you are applying under, but typically include:
   • A completed Application for Work Permit form (IMM 5710)
   • Passport: A copy of your valid passport and that of your spouse or common-law partner.
   • Two recent passport-sized photos per the photo specifications provided by IRCC.
   • Proof of your relationship to your spouse or common-law partner (such as a marriage certificate or evidence of cohabitation)
   • Proof of your spouse or common-law partner’s status in Canada (such as a copy of their work permit or permanent resident card)
   • Supporting documentation specific to the category you are applying under (such as a copy of the Quebec Selection Certificate or a letter of support from the employer)
3. Submit your application: Submit your application for a Spouse Open Work Permit online or by mail to the appropriate visa office. Make sure to pay the application fee and include all required documents.
4. Wait for a decision: Wait for a decision on your application. Processing times may vary depending on the category you are applying under and the volume of applications being processed.
5. Receive your work permit: If your application is approved, you will receive your Spouse Open Work Permit, which will allow you to work in Canada for any employer without the need for a Labour Market Impact Assessment (LMIA).

The application process for a Spouse Open Work Permit may differ depending on the category you are applying under. It is recommended to carefully review the application instructions and requirements for the specific category to ensure a successful application.

FAQ regarding spousal open work permits