If your spouse or common-law partner is in Canada on a study permit or a work permit, you may be able to get an open work permit of your own. A spousal open work permit (SOWP) lets you work for almost any employer in Canada without needing a separate job offer or Labour Market Impact Assessment (LMIA). But the rules tightened significantly in 2025, and not every spouse qualifies any more.

This guide walks through who is eligible today, what documents you will need, and how to prepare a complete application.

What changed in 2025 and 2026

Before January 21, 2025, spouses of most international students and foreign workers could apply for an open work permit. That changed when Immigration, Refugees and Citizenship Canada (IRCC) restricted eligibility to specific categories.

As of 2026, a spousal open work permit is available only to the spouse or common-law partner of:

  • An international student enrolled in a master's degree program (at least 16 months), a doctoral program, or certain professional degree programs at a designated learning institution (DLI)
  • A foreign worker in Canada whose job falls under TEER 0 or 1 of the National Occupational Classification (NOC), or select TEER 2 or 3 occupations, or a worker in the Strategic Immigration Program (SIP) for British Columbia

Dependent children are no longer eligible for a family open work permit under these rules.

The eligibility page for family members of foreign workers was updated on June 5, 2026, confirming that the TEER-based framework remains in effect.

Who counts as a spouse or common-law partner?

For IRCC purposes:

  • Spouse: You are legally married to the principal permit holder, and the marriage is recognized in both the country where it took place and under Canadian law.
  • Common-law partner: You have lived together in a conjugal relationship for at least 12 continuous months. Short trips for travel or family obligations do not break continuity.

You will need proof of the relationship: a marriage certificate for spouses, or statutory declarations and shared documents (lease, utilities, bank accounts) for common-law partners.

Eligibility through a spouse who studies in Canada

If your spouse or common-law partner is an international student, you can apply for a SOWP only if they are in one of these programs:

  1. A master's degree program that is at least 16 months long
  2. A doctoral (PhD) program
  3. Certain professional degree programs (for example, medicine, law, engineering, where the program is at a qualifying DLI)

Students in undergraduate bachelor's programs, college diplomas, or certificate programs no longer qualify as the basis for a spousal open work permit, unless the program falls within a designated professional category.

Your spouse must hold a valid study permit at the time you apply. If their permit has expired or they are on restored status only, your application may be refused.

For full details, see IRCC's page on helping your spouse or common-law partner work in Canada.

Eligibility through a spouse who works in Canada

If your spouse or common-law partner is working in Canada, you may qualify for a SOWP if their job is classified under:

  • TEER 0 — Management occupations
  • TEER 1 — Occupations usually requiring a university degree
  • Select TEER 2 — Occupations usually requiring a college diploma or apprenticeship training
  • Select TEER 3 — Occupations usually requiring a college diploma, apprenticeship, or more than six months of on-the-job training
  • Strategic Immigration Program (SIP) for British Columbia — specific eligible occupations in BC

The principal worker must hold a valid work permit with enough remaining duration. IRCC generally expects the worker's permit to have at least six months of validity remaining, though longer remaining duration strengthens the application.

You can verify the TEER category of your spouse's occupation using the NOC TEER system on the IRCC website.

What an open work permit allows

An open work permit is not tied to a specific employer. You can work for almost any employer in Canada, in any occupation and at any skill level. The main exceptions are:

  • Employers listed on IRCC's non-compliant employers list
  • Jobs involving erotic services

The permit is usually valid for the same duration as your spouse's study or work permit. If your spouse's permit is extended, you can apply to extend yours as well.

The open work permits overview confirms that you can apply from inside Canada, from outside Canada, or at a port of entry.

Fees

As of 2026:

  • Open work permit fee: CA$155
  • Work permit holder fee: CA$100
  • Biometrics fee (if required): CA$85 per person

Total: CA$255 minimum, or CA$340 if biometrics are needed. These fees are per applicant and are non-refundable if the application is refused.

Documents to prepare before you apply

A complete application avoids processing delays. Gather the following before you start:

For the applicant (the spouse seeking the open work permit)

  1. Valid passport — with at least six months of validity beyond your expected stay
  2. Two recent passport-size photographs meeting IRCC specifications
  3. Proof of relationship — marriage certificate or common-law declarations with supporting documents
  4. Medical exam — if required for your country of residence or intended length of stay
  5. Biometrics — if you have not given them in the last 10 years
  6. Application forms — IMM 5710 (Application for Work Permit Made Outside of Canada) or IMM 1295 depending on where you apply, plus the Family Information form (IMM 5645 or IMM 5707)

For the principal permit holder (the spouse who studies or works)

  1. Copy of valid study permit or work permit
  2. Proof of enrollment (for students) — a letter from the DLI confirming full-time status in a qualifying program
  3. Proof of employment (for workers) — a letter from the employer, recent pay stubs, and a copy of the job offer or employment contract
  4. Evidence the job meets the TEER requirement — the NOC code and a description of duties that match the TEER classification

Financial readiness

While not always formally required for a SOWP application, showing that the couple can support themselves in Canada strengthens the file. Consider including bank statements, a budget summary, or proof of the principal holder's income.

Where and how to apply

You can submit a spousal open work permit application:

  • Online from inside Canada — through the IRCC portal, if you already have temporary resident status in Canada
  • Online from outside Canada — through the IRCC portal, if you are abroad
  • At a port of entry (POE) — when entering Canada, if you are from a visa-exempt country or already hold a visitor visa and the principal holder meets the eligibility criteria

Online applications are the most common route. You will create or sign in to your IRCC account, fill in the forms, upload documents, pay the fees, and submit.

Processing times and what to expect

Processing times for open work permits vary. Check the IRCC processing times tool for current estimates. Incomplete applications are the most common cause of delays.

After submission, you may receive:

  • A request for biometrics
  • A request for a medical examination
  • A request for additional documents

Respond to any IRCC request promptly. Missing a deadline can result in refusal.

Common mistakes to avoid

  1. Applying when the principal holder is in a non-qualifying program — bachelor's, diploma, and certificate students no longer provide a basis for SOWP eligibility
  2. Letting the principal holder's permit expire before applying — your application needs a valid permit in place
  3. Submitting a TEER claim without matching NOC evidence — IRCC cross-checks the occupation code against the duties described
  4. Incomplete relationship proof — common-law claims need more than a declaration; include shared financial and residential evidence
  5. Missing biometrics or medicals — check early whether you need them and book in advance

When to consult an immigration lawyer

A spousal open work permit application looks straightforward, but mistakes can cost months of processing time or lead to a refusal that affects future applications. Consider consulting a regulated Canadian immigration professional if:

  • Your relationship documentation is complex (common-law without shared leases, religious marriages, polygamous unions not recognized in Canada)
  • The principal holder's permit is about to expire or has been recently restored
  • There is a prior refusal or misfinding in either spouse's immigration history
  • You are unsure whether the principal holder's occupation meets the TEER requirement

Titanium Law in Brampton helps families navigate these questions. You can reach us at titaniumlaw.ca or call +1 778-683-8110 to discuss your situation.

Disclaimer: This article provides general information about Canadian immigration procedures and is not legal advice. Immigration rules change frequently. Verify all requirements with official IRCC sources before applying. For advice specific to your situation, consult a regulated immigration professional.

Sources:

Contact Titanium Law: titaniumlaw.ca | +1 778-683-8110