A spousal open work permit (SOWP) lets the spouse or common-law partner of certain temporary residents work for almost any employer in Canada, without a job offer or a Labour Market Impact Assessment (LMIA). On January 21, 2025, IRCC significantly narrowed who can get one: it is now generally limited to the families of higher-skilled foreign workers and graduate-level international students. The short version is that whether your spouse qualifies depends mainly on the principal applicant's occupation (its TEER level) or program of study, not on your relationship. If you applied before January 21, 2025, the older, broader rules applied to your application; applications submitted on or after that date follow the new rules explained below. A later update effective March 23, 2026 added a separate path for spouses of certain workers employed under a designated Significant Investment Project (SIP), also covered here.
Spouses of foreign workers: the TEER rules
Since January 21, 2025, a spousal open work permit for the partner of a foreign worker is generally limited to spouses of workers employed in a TEER 0 or TEER 1 occupation (management or professional roles), or in a select group of TEER 2 or TEER 3 occupations that IRCC has identified in priority sectors such as natural and applied sciences, construction, health care, natural resources, education, and certain sports and military occupations.
Whichever the occupation, the principal worker generally must have at least 16 months remaining on their work authorization (their work permit) at the time the spouse applies. What this means in practice: if your partner works in a TEER 0 or 1 role like an engineer, nurse, IT manager, or registered professional, you are likely in the eligible group; if they work in a TEER 2 or 3 role, you usually need to check whether that specific occupation is on IRCC's eligible list.
Spouses of workers in most TEER 2 and 3 roles outside those priority sectors, and spouses of workers in lower-skilled TEER 4 or TEER 5 occupations, are generally no longer eligible. IRCC has specifically said that spouses and dependants of workers in TEER 4 or 5 jobs under the low-wage stream, the Seasonal Agricultural Worker Program (SAWP), and the Agricultural Stream of the Temporary Foreign Worker Program cannot get a SOWP at this time. Because the eligible-occupation list can change, confirm your partner's exact occupation against the current IRCC eligibility page before applying.
New: spouses of workers under a Significant Investment Project (SIP)
Effective March 23, 2026, IRCC added a separate path. Generally, if the principal worker holds a valid work permit (or a letter of introduction for one) issued in connection with a designated Significant Investment Project (SIP) and is working or has a job offer, their spouse or common-law partner may apply for an open work permit at any TEER level. This is a narrow route limited to specific employers designated as Significant Investment Projects in British Columbia, rather than a general loosening of the rules.
Two practical differences set this path apart from the main worker rules above. First, the principal worker's occupation can be at any TEER level, including TEER 4 or 5. Second, the 16-month-remaining requirement does not apply, so the worker's permit does not need to be valid for 16 months after IRCC receives the spouse's application. Because this route is limited to designated employers and uses special application coding, confirm the current details and instructions on the IRCC page before relying on it.
Spouses of international students
Eligibility for the spouse of a student also narrowed on January 21, 2025. Generally, only the spouse or common-law partner of a student who holds a valid study permit and is enrolled in a master's degree program of at least 16 months, a doctoral (PhD) program, or certain eligible professional or select pilot programs, may qualify for a spousal open work permit. What this means for you: a one-year master's shorter than 16 months may not qualify, while a longer master's, a PhD, or an eligible professional program (for example certain law, medicine, or other regulated-profession degrees on IRCC's list) generally does.
Spouses of students in undergraduate (bachelor's) degrees, college diplomas, and most shorter programs are generally no longer eligible under the 2025 rules. Because the list of qualifying programs is defined by IRCC and can be updated, check the current eligibility page against your partner's specific program and study-permit length before applying.
What if you do not qualify for a SOWP?
Not qualifying for a spousal open work permit does not mean your spouse cannot work in Canada at all; it just means the open-permit shortcut is closed and another route is needed. They may still be eligible for an employer-specific work permit if they have a job offer supported by an LMIA or falling under an LMIA-exempt category, or they may qualify in their own right as a student or, in some cases, a visitor. Each of these paths has its own eligibility rules, processing, and conditions.
It is also worth remembering that some open work permits exist outside the spousal category entirely, for example for certain post-graduation work permit holders or applicants in specific immigration streams. Because the rules changed recently and turn on the principal applicant's exact occupation or program, confirm your situation against the current IRCC eligibility page, and consider speaking with a licensed Canadian immigration lawyer or a regulated CICC consultant for advice on your specific case.
How to apply
A spousal open work permit is usually applied for online through the IRCC secure account. The applicant must show the genuine relationship to the principal applicant (for example a marriage certificate, or proof of at least 12 continuous months of cohabitation for a common-law partner) and provide evidence that the principal meets the worker or student conditions above, such as the principal's work permit and a letter from the employer, or the study permit and a letter of enrolment.
If the spouse is already in Canada with valid temporary status, they may be able to apply from within Canada; if they are outside Canada, the application is processed through a visa office. Biometrics are usually required (IRCC lists the biometrics fee as $85 per person, to a maximum of $170 per family; confirm the current application and biometrics fees on IRCC, as these change). If a spouse applies to extend a SOWP they already hold, transitional rules may apply, so check the current IRCC instructions for extensions. A final decision is always made by an IRCC officer.
Frequently Asked Questions
Who can still get a spousal open work permit in Canada?
Generally, the spouse or common-law partner of a foreign worker in a TEER 0 or 1 occupation (or a select TEER 2 or 3 occupation in a priority sector), and the spouse of a student in a master's program of at least 16 months or a doctoral or eligible professional program. For the main worker path, the principal worker's permit usually must have at least 16 months remaining. A separate path effective March 23, 2026 lets spouses of certain workers employed under a designated Significant Investment Project (SIP) apply at any TEER level. Confirm your case on the current IRCC page.
When did the spousal open work permit rules change?
The narrower rules apply to applications submitted on or after January 21, 2025. Applications submitted before that date were assessed under the previous, broader criteria. A further update effective March 23, 2026 added a narrow path for spouses of workers employed under a designated Significant Investment Project (SIP).
My spouse is in a TEER 4 job. Can I get a SOWP?
Generally no under the main rules. Since January 21, 2025, spouses of workers in TEER 4 and TEER 5 occupations are generally not eligible for a spousal open work permit, and IRCC specifically excludes the low-wage stream, the Seasonal Agricultural Worker Program, and the Agricultural Stream. One exception: if the worker is employed under a designated Significant Investment Project (SIP), a separate path effective March 23, 2026 may allow a SOWP at any TEER level. Otherwise, your spouse may pursue an employer-specific work permit through other routes.
Can the spouse of an undergraduate student get a SOWP?
Generally no under the 2025 rules. Spousal open work permits for students' partners are mainly limited to spouses of students in master's programs of at least 16 months, doctoral programs, and certain professional or select pilot programs. Spouses of bachelor's-degree and most college and shorter-program students are generally not eligible. Confirm your case against the current IRCC eligibility page.
Does the principal worker really need 16 months left on their permit?
For the main worker path introduced on January 21, 2025, yes: the principal worker generally must have at least 16 months remaining on their work authorization when the spouse applies. The 16-month requirement does not apply to the separate March 23, 2026 path for spouses of workers employed under a designated Significant Investment Project (SIP). Always check the current IRCC eligibility page, as conditions can change.
Does a spousal open work permit need an LMIA or a job offer?
No. An open work permit is not tied to a specific employer, so the spouse does not need a job offer or a Labour Market Impact Assessment (LMIA) to be issued the permit. It lets them work for almost any employer in Canada, with limited exceptions such as employers found non-compliant or those in certain adult-entertainment businesses. Eligibility instead turns on the principal applicant's occupation or program.
Can my common-law partner apply, not just a married spouse?
Yes. A common-law partner, defined as two people who have cohabited in a conjugal relationship for at least 12 continuous months, can apply on the same basis as a married spouse. You will generally need to provide evidence of the relationship, such as proof of cohabitation, in addition to the documents showing the principal applicant meets the worker or student conditions. An officer assesses whether the relationship is genuine.
Guides
Official sources
This page is based on law and policy published by the Government of Canada.