Spousal Open Work Permit For Foreign Workers: Eligibility Rules
A Spousal Open Work Permit (SOWP) may allow the spouse or common-law partner of a qualifying high-skilled foreign worker in Canada to work for most employers. In the standard stream, eligibility usually depends on the foreign worker having valid or approved work authorization in Canada, enough time remaining on that authorization, and the job’s NOC 2021 code and TEER level (not the job title alone). Under current IRCC rules, TEER 0 and TEER 1 occupations generally qualify, while TEER 2 and TEER 3 qualify only if the occupation appears on IRCC’s eligible list. Occupations outside those rules usually do not qualify unless a separate exception applies, such as under certain permanent residence pathway or free-trade agreements.
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 for an open work permit:
- Be authorized to work in Canada, which usually means holding a valid work permit, but may also include having an approval for a work permit that has not yet been issued or being authorized to work without a work permit in a qualifying category.
- 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).
While proof of funds is not always a strict requirement for a spousal open work permit, applicants may still be asked to show financial support depending on their circumstances and how the application is presented.
As of January 21, 2025, dependent children are not eligible under this standard foreign-worker measure. Different rules may still apply under separate open work permit streams for family members linked to eligible permanent residence pathways.
Some situations follow different requirements, including certain free-trade agreement work permits and some family open work permit streams linked to eligible permanent residence pathways.
If the principal worker is in Canada on a PGWP, similar spousal open work permit rules may apply, but eligibility should be reviewed under the specific PGWP spouse criteria.
This measure also does not apply in some situations tied to the principal applicant’s status or category. For example, a family member is not eligible under this measure if the principal applicant has made a refugee claim that was referred to the Immigration and Refugee Board, is under an unenforceable removal order, is an international student in a co-op program, is an international student working off campus without a work permit, or already holds an open work permit under this family-member measure.
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 see our Spouse Open Work Permit document checklist for the required documents.
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 may still be an open work permit, 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 a spousal open work permit application is refused, the reasons often relate to eligibility, proof of relationship, or insufficient evidence about the principal worker’s job and status, so refusals should be reviewed carefully before reapplying.
For estimated timelines, check the Spousal Open Work Permit processing time page, since processing can vary depending on where the application is submitted and how IRCC classifies it.
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.
