SOWP for Spouses of Foreign Workers
A Spousal Open Work Permit (SOWP) may allow the spouse or common-law partner of a foreign worker in Canada to work for most employers. IRCC bases assessment on the worker’s valid status, remaining permit duration, and the job’s NOC 2021 code and TEER level (not the job title alone). Clear employment documents—especially an employer letter describing duties and recent pay stubs—help confirm the correct NOC. When the job falls outside IRCC’s eligible TEER categories (often TEER 4–5), a SOWP is generally not available unless an exception applies. In some cases, additional rules or exceptions may apply depending on the worker’s immigration category or pathway to permanent residence.
Eligibility Requirements
The Spousal Open Work Permit New Rules include major eligibility changes that also affect foreign workers in Canada. A 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.
The foreign worker (principal worker) must, at the time the spouse/partner applies:
- Be authorized to work in Canada, usually by holding a valid work permit.
- 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).
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. The NOC (National Occupational Classification) is Canada’s system for classifying occupations, while TEER (Training, Education, Experience and Responsibilities) groups jobs by skill and responsibility level. Under NOC 2021, occupations are classified into TEER 0, 1, 2, 3, 4, and 5.
Officers compare the worker’s actual duties to the NOC’s lead statement and main duties, rather than relying only on the job title. 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 Spouse Open Work Permit document checklist.
Can the Spouse of a Low-TEER Worker Apply?
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 Spousal Open Work Permit 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.
