Spousal Open Work Permit Canada 2026
The Canada Spousal Open Work Permit (often called a “SOWP”) is an open work permit that may allow eligible spouses or common-law partners to work in Canada. Because it isn’t tied to a single employer, it often allows the holder to work for most employers, with standard limits (for example, some employers are ineligible, and certain occupations may require a medical exam to remove conditions).
As of January 21, 2025, IRCC tightened eligibility for open work permits issued to spouses/common-law partners of certain foreign workers and international students. Eligibility depends on the principal permit holder’s situation when you apply (and you generally must continue to meet the requirements until a decision is made). Most applicants fall into three common categories:
- Inland PR sponsorship: Spouses/common-law partners being sponsored for permanent residence from inside Canada (living together in Canada and generally eligible once IRCC confirms the PR application is received and being processed—often after AOR—if program conditions are met).
- Spouse of a foreign worker: The principal worker is employed (or will be employed) in an eligible occupation—typically TEER 0 or 1, or an IRCC-listed subset of TEER 2 or 3—and has at least 16 months remaining on their work authorization when IRCC receives the spouse’s application.
- Spouse of an international student: The principal student is enrolled in an eligible program—typically a master’s (16+ months), PhD, certain professional degrees, or other IRCC-listed eligible programs.
Other measures and exceptions may apply in specific scenarios, and requirements can change with little notice.
What follows is a practical, step-by-step guide to these pathways—how eligibility is assessed, what the process typically looks like, inside-versus-outside Canada differences, extensions, and the most common refusal pitfalls.
Applying for a Spousal Open Work Permit requires careful preparation to avoid delays or refusals. Our licensed Canadian immigration consultants provide end-to-end support, from eligibility assessment to preparing and submitting a strong application. Within the last three years (2023–2025), we successfully supported over 600 Spousal Open Work Permit applicants through the application process. You’re welcome to book a consultation for tailored advice, and review our service fees to understand your options.
New Rules & Changes to Eligibility
Effective January 21, 2025, IRCC tightened Spousal Open Work Permit (SOWP) eligibility—especially for spouses of foreign workers and international students. For spouses of foreign workers, eligibility is generally limited to cases where the principal worker is employed in a TEER 0–1 occupation, or in select TEER 2–3 occupations tied to labour shortages or government priorities. The principal worker’s work authorization must be valid for at least 16 months after IRCC receives the spouse/common-law partner’s application. Dependent children are no longer eligible for an open work permit under this measure; however, previously approved permits generally remain valid until expiry, and some family members in Canada may be eligible to apply to extend their work permit.
For spouses of international students, eligibility is now generally limited to students in a master’s program (16+ months), a doctoral program, or an IRCC-listed eligible professional degree program. As a result, most college diploma/certificate programs—and many other programs not on IRCC’s list—no longer make spouses eligible for a SOWP. To see how the rules apply to your situation (including renewals and possible exemptions), read the full breakdown on our page.
SOWP Eligibility Requirements Based on Your Spouse/Partner’s Status
Spouses of Citizens & PRs
If you’re being sponsored for Canadian permanent residence (PR) as a spouse or common-law partner and you’re living in Canada with your sponsor, you may be eligible to apply for a Spousal Open Work Permit while your Spousal Sponsorship PR application is being processed. In most cases, you can apply after IRCC issues an Acknowledgement of Receipt (AOR) confirming your PR application is complete.
APPLICANT ELIGIBILITY
The applicant must generally:
- Be sponsored as a spouse (legally married) or common-law partner (12 continuous months of cohabitation).
- Be living in Canada with the sponsor and plan to continue living together.
Show the relationship is genuine. - Be admissible to Canada (criminality, security and medical admissibility rules still apply).
- Have valid temporary resident status, maintained status, or be eligible for restoration.
- If the applicant does not have valid temporary resident status and their PR application is being processed under the in-Canada spousal public policy, they generally must wait until they receive Approval in Principle (AIP) before applying for the open work permit.
Exception (urgent expiry): You may be able to apply without AOR only if (1) your status expires in 2 weeks or less, and (2) you already applied for PR under either the Spouse or Common-law Partner in Canada class or the Family Class as a spouse/common-law/conjugal partner.
SPONSOR ELIGIBILITY
The sponsor must generally:
- Be 18+ and a Canadian citizen or permanent resident (or a person registered under the Indian Act).
- Be living in Canada.
- Not be receiving social assistance (except disability).
- Not be ineligible due to common bars (e.g., defaulted undertakings/immigration loans/support payments, imprisonment, undischarged bankruptcy, certain serious convictions, or the 5-year sponsorship bar).
Important note: This open work permit option applies to sponsored spouses, common-law partners, and conjugal partners living in Canada who have an eligible PR application in process (typically with AOR).
Spouses of International Students
Canada now limits spousal open work permits (SOWPs) for spouses/common-law partners of international students to specific study programs. A SOWP generally lets the spouse/partner work for most employers in Canada, except employers that are on IRCC’s ineligible employer list or employers that regularly offer certain adult services as defined by IRCC.
ELIGIBILITY REQUIREMENTS
Your spouse/common-law partner may be eligible if all of the following are true:
- You (the student) have a valid study permit.
- You are studying in an eligible program (see below).
- Your spouse/partner can provide proof of relationship and proof of your enrollment in the eligible program.
ELIGIBLE STUDENT PROGRAMS
Effective January 21, 2025, spouses/partners may qualify if the student is enrolled in one of the following:
- A master’s degree program of 16 months or longer, or
- A doctoral (PhD) program, or
- An IRCC-listed university professional degree program, including:
- Dentistry (DDS/DMD)
- Law (LLB/JD/BCL)
- Medicine (MD)
- Optometry (OD)
- Pharmacy (PharmD/BS/BSc/BPharm)
- Veterinary Medicine (DVM)
- Nursing degrees (BScN/BSN/BNSc/BN)
- Education (BEd)
- Engineering (BEng/BE/BASc)
- An IRCC-listed eligible pilot/special program (for example, the Francophone Minority Communities Student Pilot (FMCSP) outside Quebec, and certain provincial nursing/health bridging initiatives listed by IRCC).
DOCUMENT REQUIREMENTS
Typical supporting documents include:
- Proof of enrolment, such as a proof of enrolment letter, transcripts, or a letter of acceptance (as applicable)
- Proof of participation in an eligible pilot/special program (if applicable), such as a province/territory letter or confirmation from the participating school/program
- Proof of relationship, such as a marriage certificate or evidence of common-law partnership
WHO USUALLY DOESN’T QUALIFY NOW
In most cases, spouses/partners of students in undergraduate programs, most college diplomas/certificates, and master’s programs under 16 months do not qualify—unless an IRCC-listed pilot/special exception applies.
Note: After graduation, if the student moves to a Post-Graduation Work Permit (PGWP), the spouse/partner’s eligibility may be assessed under the spouse of foreign worker rules instead.
NOC/TEER CODE ELIGIBILITY
NOC/TEER codes do not apply to student-based spousal open work permits. They become relevant only if the principal applicant becomes a foreign worker (for example, on a PGWP), because worker-based spousal open work permits are assessed using the worker’s occupation/TEER criteria under IRCC rules.
Spouses of Foreign Workers
A Spousal Open Work Permit (SOWP) may allow the spouse or common-law partner of a high-skilled foreign worker in Canada to work for most employers. However, it can’t be used to work for employers on IRCC’s ineligible employer list or in other restricted job categories under IRCC rules.
ELIGIBILITY REQUIREMENTS
The foreign worker (principal worker) must, at the time the spouse/partner applies:
- Be authorized to work in Canada (for example, hold a valid work permit, where applicable).
- Have work authorization that will remain valid for at least 16 months after IRCC receives the spouse/partner’s application.
- Be living in Canada (or planning to live in Canada) while working.
- Be employed in an eligible occupation: TEER 0 or 1, or a select TEER 2 or TEER 3 occupation included on IRCC’s eligible list.
The spouse/common-law partner (applicant) must generally:
- Prove a genuine relationship (marriage certificate or evidence of common-law status).
- Meet normal work permit requirements (and if applying from inside Canada, have valid status, maintained status, or be eligible for restoration, where applicable).
Important notes:
- Dependent children of foreign workers are not eligible for an open work permit under these rules.
- Some situations follow different requirements (for example, certain free-trade agreement work permits and some transitioning-to-PR cases).
NOC CODE ELIGIBILITY
IRCC assesses eligibility using the worker’s NOC 2021 (5-digit) code and TEER level—not the job title alone. Officers compare the worker’s actual duties to the NOC’s lead statement and main duties. For this reason, the employer letter should clearly describe duties that align with the selected NOC and include key job details such as title, hours, wage, work location, and employment dates.
Please refer to the IRCC website for the full list of eligible NOC codes and the required document checklists.
Spouses of PGWP Holders
A Post-Graduation Work Permit (PGWP) holder is considered a foreign worker. As a result, a spouse or common-law partner’s eligibility for a Spousal Open Work Permit (SOWP) depends on the PGWP holder’s employment and occupation, not the PGWP alone.
As of January 21, 2025, IRCC generally limits spousal open work permits to partners of foreign workers who are working in TEER 0 or 1, or in select TEER 2 or 3 occupations specifically listed by IRCC. The PGWP holder must also have at least 16 months of valid work authorization remaining when IRCC receives the SOWP application.
The spouse/common-law partner must prove a genuine relationship and meet standard work-permit requirements. Dependent children are generally not eligible for a new family open work permit under these rules, subject to limited transitional or renewal scenarios.
Eligibility is assessed using the PGWP holder’s NOC/TEER classification and proof of employment (e.g., employment letter and recent pay stubs).
SOWP Extension Rules
Extending a Spousal Open Work Permit (SOWP) isn’t automatic—you must still meet IRCC’s eligibility requirements at the time you apply. In most cases, your extension depends on your spouse or partner (the main status holder) continuing to qualify under the category you’re using, such as an in-Canada spousal sponsorship application that remains in process, or a principal foreign worker or international student who still qualifies under the current rules. If anything has changed since your original permit—such as your spouse’s job or occupation, work or study status, program of study, or the SOWP category you rely on—it’s important to confirm you still qualify before applying.
To avoid losing work authorization, apply before your permit expires (IRCC generally recommends applying at least 30 days in advance). If you apply on time and remain in Canada, you can usually maintain your legal status and may be able to continue working under the same conditions while IRCC processes your extension. Submitting a complete and well-prepared application helps prevent processing delays, gaps in status, and issues caused by missing documents or unresolved eligibility concerns.
How to Apply for a Spousal Open Work Permit (SOWP)
Application Timeline
After you submit a Spousal Open Work Permit (SOWP) application, IRCC generally processes it through a series of stages. Not every application goes through every step, and the order can vary depending on your situation and whether you apply from inside or outside Canada.
- Submission: You submit the application online and pay the required fees. Your online account will show that the application was submitted. An application number or confirmation message may only appear after IRCC opens the file and confirms it is complete, so this may not happen immediately.
- Completeness check: IRCC reviews the application to ensure that all required forms and documents are included. If essential information or documents are missing, the application may be returned as incomplete without being processed.
- Biometrics (if required): If biometrics are required, IRCC issues a biometric instruction letter after submission. IRCC generally won’t finalize the application until biometrics are completed.
- Medical exam (only if required): A medical exam is not automatically required for all applicants. If one is needed based on your job type, travel history, or length of stay, IRCC will send instructions. Processing may be delayed until the medical results are received.
- Officer review: An immigration officer assesses eligibility and admissibility. During this stage, IRCC may request additional documents or clarification.
- Decision and issuance: If approved, a decision letter is posted in your online account.
- Inside Canada: Approved work permits are typically mailed to the Canadian address you provided.
- Outside Canada: Approved applicants usually receive a Port of Entry (POE) letter of introduction. This letter is not the work permit itself—the permit is issued by a border officer when you enter Canada. If a temporary resident visa (TRV) is required, IRCC may request your passport to issue the visa before travel.
Applying Inside vs Outside Canada
Where you apply from affects both how you submit your application and how your work permit is issued. For spousal open work permits (SOWP), there are generally two application pathways: Applying from outside Canada or applying from inside Canada.
Note: SOWP applications cannot be submitted at a port of entry (POE). However, if approved outside Canada, the actual permit is typically issued when entering Canada.
APPLYING FROM OUTSIDE CANADA
This option is common when the spouse or partner is living abroad or prefers to receive approval before travelling to Canada.
If the applicant wishes to travel to Canada while the SOWP application is being processed, they must qualify to enter as a visitor (for example, by obtaining a Temporary Resident Visa (TRV) or using an eTA, if eligible). They must maintain valid visitor status and cannot work until the work permit is officially issued.
If the application is approved, IRCC typically issues a Port of Entry (POE) Letter of Introduction. This letter is not the work permit itself. The actual work permit is normally printed and issued by a border officer when the applicant enters Canada. Final issuance is always subject to the discretion of the Canada Border Services Agency (CBSA).
Important: If someone applies as an outside-Canada applicant but is physically in Canada when the approval (letter of introduction) is issued, they will generally need to leave Canada and re-enter in order to have the work permit issued.
APPLYING FROM INSIDE CANADA
If the spouse or partner is already in Canada and eligible to apply from within Canada, this pathway allows them to remain in Canada during processing.
When approved, the decision appears in the applicant’s online IRCC account, and the physical work permit is typically mailed to their Canadian address. In most cases, there is no need to leave Canada to receive the permit.
IRCC also states that most foreign nationals already inside Canada can no longer apply for initial work permits or extensions at a port of entry and must apply online.
TRAVEL WARNING (MAINTAINED STATUS)
If an applicant applies from inside Canada and has maintained status (formerly called implied status), they must be cautious about travel.
If they leave Canada while on maintained status, they may lose their authorization to work when they return and may need to wait for final approval before resuming employment.
Document Checklist Requirements
IRCC creates a personalized document checklist in your IRCC secure account based on how you answer the online questionnaire. You do not upload the generic IRCC PDF checklist — you upload the specific documents requested in your account.
IRCC may request additional documents at any stage of processing.
REQUIRED DOCUMENTS
Identity & Status
- Passport (biographical data page plus any pages with stamps, visas, or markings, if requested)
- Digital photo (as specified in your document checklist)
- If applying inside Canada: proof of current temporary resident status (work permit, study permit, or visitor record, if applicable)
Application Form (generated in your online account)
- Inside Canada: IMM 5710 (Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker)
- Outside Canada: IMM 1295 (Application for Work Permit Made Outside Canada)
Relationship Proof
- Spouses: Official government-issued marriage certificate
- Common-law partners:
IMM 5409 (Statutory Declaration of Common-Law Union) - Supporting evidence of cohabitation, if requested
Translations (if applicable)
For any document not in English or French, submit:
- A complete English or French translation
- A certified copy of the original document
- A translator affidavit, if required (for example, when the translation is not completed by a certified translator)
Biometrics (if required)
If biometrics are required, you will receive instructions in your IRCC account after submission. Follow the instructions to book your appointment. Upload proof only if it appears in your document checklist.
CATEGORY-SPECIFIC DOCUMENTS
Spouse/Common-Law Partner of a Foreign Worker
- Copy of the principal applicant’s valid work permit
(or a Letter of Introduction / POE Letter, if applicable) - Proof that the worker’s work authorization will remain valid for at least 16 months after IRCC receives the application, if required for the eligibility stream
- Proof the worker is employed in an eligible occupation, which may include:
- Employer letter confirming job title, duties, and NOC/TEER classification
- Recent pay stubs (recommended and commonly requested)
Spouse/Common-Law Partner of an International Student
- Proof of enrolment in an eligible program, such as:
- Master’s program (minimum 16 months in duration)
- PhD program
- Eligible professional degree program (e.g., medicine, law, nursing, engineering, education, etc.)
IRCC-recognized pilot or special program, if applicable
- Copy of the student’s valid study permit, if requested
- Proof of full-time enrolment (such as a letter of enrolment or official transcript)
OPEN WORK PERMIT DURING INLAND SPOUSAL/COMMON-LAW PR SPONSORSHIP
If applying for an open work permit while being sponsored inside Canada:
- Acknowledgment of Receipt (AOR) confirming the PR sponsorship application passed the completeness check
- Proof of valid temporary resident status in Canada, if applicable
- IMM 5707 (Family Information Form), if requested
- Birth certificates of dependent children, if applicable, showing both parents’ names
Upload documents exactly where your personalized checklist instructs (often under “Client Information”).
OPTIONAL SUPPORTING DOCUMENTS (RECOMMENDED)
- Additional relationship evidence (joint lease, shared finances, photos over time, travel history, etc.)
- For the worker category: employment contract and additional recent pay stubs, if helpful or requested
Important Tip
Upload only the documents requested in your IRCC account, plus clearly relevant supporting evidence. Check your IRCC account regularly for messages and document requests.
IRCC Processing Time
Immigration, Refugees and Citizenship Canada (IRCC) publishes processing-time estimates through its official online tool. These estimates are not a guarantee, but they provide a general idea of how long it may take to process a complete application from submission to a final decision.
Processing times can vary depending on the SOWP eligibility stream/category, whether you apply from inside or outside Canada, and IRCC’s workload at the time you apply. Because estimates are updated regularly, always check IRCC’s processing-time tool for the most current information.
WHAT CAN AFFECT SOWP PROCESSING TIME?
Several factors can influence how long your application takes:
- Where you apply (inside vs. outside Canada)
- The SOWP category/eligibility stream you apply under
- Application completeness and accuracy
- How quickly you complete biometrics (and a medical exam, if required)
- IRCC’s overall application volume and processing capacity
- Additional review steps (for example, background or security checks)
Delays most commonly happen due to missing documents, incomplete forms, unpaid or incorrect fees (including biometrics fees), untranslated documents, or when IRCC requests additional information.
HOW TO TRACK YOUR SOWP APPLICATION
After you apply, updates are typically available in your IRCC secure online account or the IRCC portal you used to submit your application.
Updates may include:
- Requests for additional documents
- Biometrics instructions
- Medical exam requests (if applicable)
- The final decision
Depending on how you applied and how your application is set up, you may also be able to use the Application Status Tracker to monitor your file. However, the tracker isn’t available for every type of online work permit application (including some extensions or changes), so if you can’t access it, rely on your IRCC account/portal for updates instead.
If a representative submitted your application or you applied through a different portal, you may need to link your application to your IRCC secure account to receive direct notifications and document requests. When linking, make sure the information you enter matches your application exactly to avoid errors.
Application Fees
When you apply for a Spousal Open Work Permit (SOWP), you must pay the required fees set by Immigration, Refugees and Citizenship Canada (IRCC). The work permit processing fee is generally non-refundable once processing starts, while the open work permit holder fee is typically refunded if the application is refused. Always confirm the latest amounts on IRCC’s fee page.
IRCC FEES
- Work permit processing fee: $155 CAD
- Open work permit holder fee: $100 CAD
Total: $255 CAD
Biometrics fee (if required) : $85 CAD per person
THIRD-PARTY COSTS
- Medical exam (only if required): ~$200–$450+ CAD per person
- Police certificates (if required/requested): ~$0–$100+ CAD per certificate
- Translations/certified copies: ~$30–$80+ CAD per page (plus possible notarization)
- Photos: ~$15–$25 CAD
- Courier/shipping & document issuance (if required): ~$20–$80 CAD within Canada; ~$50–$150+ CAD internationally
Fees can change, and your IRCC online application will calculate the total before you submit—always verify the final amount in your account and on IRCC’s official pages.
If you’re looking for professional help, you can review our professional fees for service options and pricing.
Frequently Asked Questions
Still have a question? Use the search bar to explore Spousal Open Work Permit FAQs.
Is the spousal open work permit (SOWP) a pilot program?
Usually, no. “SOWP” isn’t one single pilot program—it’s a common label for different ways IRCC can issue an open work permit to a spouse or common-law partner, depending on the situation.
- Sponsored spouses/partners in Canada (PR sponsorship in process): IRCC offers an open work permit option under a public policy while the sponsorship application is being processed. This pathway originally launched as a pilot in the past, but IRCC currently describes it as a public policy.
- Spouses of foreign workers or international students: eligibility comes from IRCC’s regular rules for open work permits for family members (with major changes for some groups effective January 21, 2025).
Which study programs qualify a student’s spouse for a spousal open work permit (SOWP) in Canada?
Not all student programs qualify anymore, and eligibility depends on the student’s exact program category. Under IRCC’s rules in effect since January 21, 2025, a spouse/common-law partner can qualify for an open work permit only if the student has a valid study permit and is actively studying in an eligible program. The key is matching the student’s program to IRCC’s eligibility categories, since many common programs are no longer covered unless they fall under a specific exception or an IRCC-listed eligible program. Before applying, confirm the program type and keep a copy of the documents that prove enrolment and program details, since officers assess eligibility based on what’s in the file.
A student’s spouse/common-law partner may qualify for an open work permit only if the student has a valid study permit and is enrolled in an eligible program, such as:
Graduate programs
Master’s degree program of 16 months or longer
Doctoral (PhD) degree program
Specific university professional degree programs (IRCC’s list)
- Dentistry (DDS/DMD)
- Law (LLB/JD/BCL)
- Medicine (MD)
- Optometry (OD)
- Pharmacy (PharmD/BS/BSc/BPharm)
- Veterinary Medicine (DVM)
- Nursing degrees (BScN/BSN/BNSc/BN)
- Education (BEd)
- Engineering (BEng/BE/BASc)
IRCC “eligible programs” (initiative-based, limited list)
IRCC also lists a small set of named programs by province/territory (for example, certain bridging/supervised practice or pilot initiatives). This list is specific and can change, so it must be checked at the time of applying.
What usually doesn’t qualify: most college diploma/certificate programs and most undergraduate programs unless they fall under the specific professional-degree list above or an IRCC “eligible program.”
What you must prove in the spouse’s application
Along with relationship proof and standard admissibility requirements, IRCC expects proof the student is enrolled (for example: letter of acceptance, proof of enrolment, or transcripts, plus any program-specific proof if applying under an “eligible program”).
Can the spouse of a low-skilled worker apply for a spousal open work permit in Canada?
Usually not. Under IRCC’s rules in effect since January 21, 2025, spouses of low-skilled workers (generally NOC TEER 4 or 5) are not eligible to apply for a family open work permit. In practice, this means many families won’t qualify under this measure simply because the principal worker’s job falls into a lower TEER category. The spouse’s permit is still considered “open” in type, but eligibility is tied to the principal worker meeting the current criteria set by IRCC — unless an exception applies.
When it may still be possible (common exceptions):
- The worker is on a qualifying PR pathway (TEER 4/5): IRCC allows family open work permits in certain cases where the worker is TEER 4 or 5 and is on an eligible pathway to permanent residence (for example, PNP, Atlantic Immigration Program, Agri-Food Pilot, Yukon Community Pilot, etc.), with specific requirements like at least 6 months of work authorization remaining.
- The worker is “high-skilled” instead (TEER 0–1, or select TEER 2–3): If the job is actually TEER 0–1 (or on IRCC’s select TEER 2–3 list) and the worker has at least 16 months remaining on their work authorization when IRCC receives the spouse’s application, the spouse may qualify.
- Free-trade agreement work permits: Some workers covered by certain free-trade agreements can support a spouse’s open work permit (eligibility depends on the specific agreement/category).
Important note about “extensions”: Even where new applications aren’t allowed, an in-Canada spouse who already has an open work permit under this measure may still be able to extend it in limited situations (for example, to match the principal worker’s longer validity), as long as they apply before expiry.
If the spouse isn’t eligible for an open work permit: they may still have other options (for example, an employer-specific work permit, a study permit, or a longer-term PR strategy), depending on their situation.
Can a nanny (caregiver) apply for a spousal open work permit in Canada?
It depends who the principal person is.
You are a nanny/caregiver, and you’re applying as the spouse/partner (you are not the principal).
Your job title usually doesn’t matter. What matters is whether your spouse/partner qualifies under an open work permit pathway (for example, eligible international student programs, eligible foreign worker rules, or an in-Canada spousal sponsorship public policy).
You are the nanny/caregiver working in Canada, and you want your spouse/partner to get an open work permit based on your job.
Here, your occupation classification matters a lot. Common “nanny/caregiver” roles (like NOC 44100 home child care providers and NOC 44101 home support workers/caregivers) are generally TEER 4.
Under IRCC’s rules in effect since January 21, 2025, spouses of foreign workers are generally eligible only if the worker is in TEER 0–1 (or select TEER 2–3) or fits a specific exception (for example, being on a qualifying pathway to permanent residence).
So for many caregiver jobs, a spouse’s open work permit is not automatic, and often not available, unless you clearly fall under an exception IRCC recognizes.
Key takeaway: A caregiver/nanny can qualify for an open work permit as a spouse (if the principal qualifies), but a caregiver/nanny as the principal worker may not be able to support a spouse open work permit under the current worker rules.
Do I need an LMIA for a spousal open work permit, or does my spouse’s job need to be LMIA-based?
No. A spousal open work permit (SOWP) is an open work permit, so it doesn’t require an LMIA and it’s not tied to a specific employer. Your spouse’s job also does not need to be “LMIA-based” for you to qualify.
What does matter is which SOWP pathway you’re applying under:
- Sponsored spouse/partner in Canada (PR in process): The open work permit is issued under IRCC’s public policy for sponsored spouses/partners—no LMIA required.
- Spouse of a foreign worker: Your SOWP is still LMIA-exempt as an open work permit. Eligibility is based on the principal worker’s status and qualifying job/criteria (not on whether their job is LMIA-based).
- Spouse of an international student: Also an open work permit route (if the student’s program is eligible)—no LMIA required.
If you don’t qualify for a SOWP: you may need an employer-specific work permit instead, and that employer may need an LMIA (unless an LMIA exemption applies).
Are there any language requirements (IELTS/CELPIP/TEF) for a spousal open work permit in Canada?
Usually, no. IRCC does not list IELTS/CELPIP/TEF as a general requirement for a spousal open work permit. SOWP eligibility is normally based on the relationship and the principal person’s situation (for example, an eligible student program, an eligible foreign worker category, or an in-Canada spousal sponsorship/public-policy route), plus standard admissibility requirements.
Good to know:
- You may still need to meet medical/criminality and other standard work-permit requirements, depending on your case.
- A language test can be required for other applications (for example, some PR pathways and the PGWP), but that’s separate from a SOWP.
How much proof of funds is needed for a spousal open work permit (SOWP) application in Canada?
IRCC does not publish a single fixed dollar amount for SOWP proof of funds. Instead, officers look at your finances to confirm your situation is credible and that you can reasonably support yourself (and any accompanying family) during your temporary stay.
What you submit can vary depending on whether you apply inside or outside Canada, your household size, and your overall circumstances. The goal is clarity and consistency, not overwhelming the officer with excessive documents.
What to include (practical, usually sufficient)
- Bank statements showing a normal, explainable history (often 3–6 months)
- Proof of income/support, such as the principal spouse/partner’s pay stubs and employment letter (or business proof if self-employed)
- A short explanation for any unusual items (large recent deposits, sudden balance jumps) so the officer doesn’t have to guess
When stronger proof of funds matters more
- Applying from outside Canada (especially if you also need a TRV)
- You have dependents coming with you
- The principal spouse/partner recently changed jobs or has income gaps
- Your bank activity shows large unexplained transfers
Do I Need a Letter of Explanation, Letter of Intent, or Invitation Letter for a Spousal Open Work Permit in Canada?
Not necessarily. These letters are usually optional for SOWP applications, but they can be very helpful when they clarify your situation or prevent confusion. A well-written Letter of Explanation (LOE) can connect the evidence, explain eligibility, and address anything that might otherwise look like a red flag (for example: travel history, finances, prior refusals, or gaps). What people call a “Letter of Intent” is often just a short section inside the LOE confirming you understand your temporary status and will comply with conditions. An invitation letter may also help in specific situations—especially when it supports your living arrangement or ties into a visitor visa context. The key is to use letters only when they add value, not as repetitive filler.
Letter of Explanation (LOE) — often helpful
Include an LOE if you need to explain anything that isn’t obvious from the forms (for example: your relationship timeline, current living arrangements, travel history, gaps in employment, prior refusals, unusual finances, or why you qualify under a specific SOWP pathway). You can upload it as an optional document in your IRCC account.
Letter of Intent — usually just a section inside the LOE
IRCC doesn’t require a separate “Letter of Intent” for most SOWP files. If you include it, keep it short (a few lines) inside your LOE: what you plan to do in Canada, that you’ll respect permit conditions, and that you understand it’s a temporary status.
Invitation Letter — only “needed” in specific situations
An invitation letter is commonly used for visitor (TRV) applications, not as a mandatory SOWP document. It can still help if you’re applying from outside Canada and want to document where you’ll stay and who will support you—especially if a TRV is involved.
Best practice
Use these letters when they add value. A clean file with a targeted LOE is better than 3 long letters repeating the same points.
If I apply for a spousal open work permit and permanent residence (PR) at the same time, does it change the processing timeline?
Applying for both at the same time doesn’t usually speed up PR. PR and the work permit are processed on separate tracks, and either one can be finalized first.
For in-Canada spousal sponsorship (SCLPC) cases, the open work permit is typically processed only after IRCC has confirmed the PR application is complete (often around the time you receive the Acknowledgement of Receipt (AOR), which is issued after the completeness check).
What applying together can help with: avoiding delays caused by waiting to submit the work permit later. The main benefit is usually work authorization while PR is processing, not faster PR.
Tip (optional): If anything in your situation could be misunderstood (timing, status history, relationship timeline, financial story), include a short Letter of Explanation to connect the dots—don’t overdo it.
How long is a spousal open work permit valid for, and what determines the expiry date?
A SOWP is typically issued for the same general time period as the principal spouse/partner’s work or study authorization, so it often matches the principal person’s permit validity. That said, IRCC can shorten the validity depending on your supporting documents—especially if your passport/travel document expires before the principal person’s status ends, because IRCC won’t issue past passport validity. The final expiry date is set by the officer based on what you submit and the specific eligibility category used. Once issued, the permit is usually valid until its printed expiry date, so it’s important to confirm that date immediately and plan renewals early if needed.
What mainly determines the expiry date
- Principal spouse/partner’s permit validity: Normally, your open work permit is issued to match the validity of your spouse/common-law partner’s work permit or study permit.
- Your passport expiry (very common): IRCC won’t issue a work permit past your passport/travel document expiry, even if you otherwise qualify for longer.
- Program/stream limits: In some streams, IRCC also states you can’t extend beyond the principal person’s status expiry (for example, spouses of students can’t extend beyond the student’s study permit expiry under that stream)
If circumstances change after issuance
In many cases, the permit can remain valid until its printed expiry date even if the principal spouse/partner’s situation changes (for example, job loss or studies ending early) or if you separate/divorce after the permit is issued—however, you may not be able to extend the permit under the same basis when it expires.
Can I study in Canada on a spousal open work permit (SOWP), or do I need a study permit?
Having a SOWP doesn’t automatically give you the right to study without a study permit. In most cases, you need a study permit if your program is more than 6 months or can’t be completed within the time you’re authorized to stay in Canada.
When you may study without a study permit
- Short-term studies (6 months or less), as long as the program is not part of a longer program and you’ll finish within your allowed stay.
- Some specific exemptions (for example, certain minors, visiting forces, etc.).
- Temporary public policy (time-limited): IRCC has a public policy (as of June 27, 2023) that lets some eligible work permit holders study without a study permit, with specific conditions and an end date (currently shown as June 27, 2026, unless changed/revoked). This is not automatic—eligibility must be confirmed.
If you plan to study longer than 6 months
Apply for a study permit (you can hold a work permit and a study permit at the same time). When applying, include a short letter explaining how you’ll balance work and studies if needed.
Can I apply for a spousal open work permit if I’m out of status in Canada—do I need to apply for restoration first?
Usually, yes. Most in-Canada work permit applications require you to have valid temporary resident status, so if you’re out of status you typically need to apply for restoration first (or apply for restoration at the same time, if IRCC allows it for your situation). Restoration has a strict deadline, and being out of status usually means you must stop working until IRCC restores your status and approves a new work permit. In spousal sponsorship cases, there can be a major exception under specific public policy processing, where eligibility for a spousal open work permit may depend on reaching Approval in Principle (AIP) first. Because out-of-status files are high-risk and timing-sensitive, it’s important to rely on the exact dates and rules that apply to you.
Key rules to keep you out of trouble
- No work authorization while out of status or in restoration. Submitting an application doesn’t give you the right to work.
- If you’re past the 90-day restoration window, restoration usually isn’t available and your options can become much more limited (often involving leaving Canada, depending on the facts).
What happens if my spousal open work permit is refused—can I reapply or request reconsideration?
Yes — in most cases, you can reapply after a refusal once you’ve fixed the issues that led to the decision, and that’s often the most practical path forward. A reconsideration request can also be made, but it’s discretionary and usually only worth trying when there’s a clear officer error or evidence was genuinely missed. Before doing anything, read the refusal reasons carefully and make sure your next submission responds directly with stronger, clearer documents and a concise explanation. If you’re in Canada, it’s also important to confirm how the refusal affects your status and whether restoration may be required. And as a general rule, you can’t work unless you have valid work authorization.
Start with the refusal letter (non-negotiable)
Your next step should be based on the specific refusal reasons listed in the decision letter.
Reapplying is usually the most practical option
There’s no mandatory waiting period to apply again (unless your decision letter specifically says otherwise). Reapply only if you can include new or stronger information that directly addresses the refusal reasons.
Reconsideration: possible, but discretionary
Temporary residence refusals (including work permits) don’t have a formal “appeal” process, so reconsideration is not guaranteed. It’s mainly worth doing when there’s a clear officer error (for example, they said a document was missing when it was uploaded).
If you request reconsideration, it’s typically done by sending a short, targeted letter (and any proof) through IRCC’s web form.
If you’re in Canada: status and work authorization are the urgent part
- If you applied from inside Canada before your permit expired, you may have maintained status and can stay (and sometimes work under the same conditions) until IRCC makes a decision.
- If the SOWP is refused, maintained status (and any related work authorization) ends on the decision date, so you generally must stop working immediately.
- If you end up out of status, you may need to apply for restoration within 90 days (if eligible), and you can’t work until you’re restored and a new permit is issued.
Judicial review (only for serious cases)
If you believe the refusal is unreasonable/unfair and the stakes are high, you can consider judicial review at the Federal Court. Deadlines are strict: 15 days (in Canada) or 60 days (outside Canada) from the date you’re notified.
