SOWP rules can change based on the principal applicant’s category (sponsored spouse in Canada, foreign worker, or international student). Below is a short, up-to-date summary of the key IRCC rules and recent policy changes you should be aware of. For application steps, fees, and processing times, please refer to our main Spousal Open Work Permit page.
General IRCC rules (still applicable)
- Biometrics: Biometrics are required for most SOWP applicants unless they were provided within the last 10 years and are still valid.
- Biometrics can limit permit length: IRCC generally cannot issue a work permit beyond the biometrics expiry date, which can shorten the validity you receive.
- Medical exams (occupation-based): A medical exam may be required if you plan to work in health services, childcare, or primary/secondary education (or other health-sensitive occupations under IRCC rules).
- Upfront medicals (optional): You may choose to complete a medical exam upfront—if a medical is required, IRCC may apply work restrictions until it’s completed.
In-Canada PR pathway (sponsored spouses): policy continues
- Public policy remains in place: Sponsored spouses/common-law partners applying for PR from inside Canada may apply for an open work permit while their PR application is being processed.
- AOR requirement maintained: IRCC generally requires an Acknowledgement of Receipt (AOR) confirming the PR application has been accepted for processing before issuing the open work permit.
- Cohabitation rule enforced: The sponsor and applicant must be living together in Canada (at the same residential address).
- Maintained status applies: If the applicant applies before their status expires (and stays in Canada), they may remain under maintained status while a decision is pending.
Foreign workers: major change effective January 21, 2025
- TEER-based limitation introduced: Spousal open work permits are now linked to the worker’s skill level. Eligibility is generally limited to spouses/common-law partners of principal workers in TEER 0 or 1, or select TEER 2 or 3 in-demand occupations identified by IRCC.
- 16-month validity rule: At the time of application, the principal worker must generally have at least 16 months of work authorization remaining.
- Dependent children not eligible under this measure: Under the tightened rules, dependent children of foreign workers are no longer eligible to apply for an open work permit through this family-OWP measure.
- Exemptions retained: These restrictions do not apply in the same way to some groups, such as certain Free Trade Agreement work permit holders (for example, CUSMA) and some workers transitioning to permanent residence.
International students: major change effective January 21, 2025
- Program-based restriction introduced: IRCC significantly narrowed eligibility for spouses of international students. Spousal open work permits are generally limited to spouses/common-law partners of students in:
- master’s programs that are 16 months or longer,
- doctoral programs, or
- specific professional degree programs identified by IRCC.
- Undergraduate/college programs excluded: SOWPs are generally no longer issued based on undergraduate studies, diplomas, or certificate programs under the updated rules.
- Grandfathering and renewals: If a spouse already held a valid SOWP issued before January 21, 2025, renewal may still be possible in certain cases—especially when the spouse’s permit was issued for a shorter period than the student’s authorization and the underlying situation remains consistent.
Renewals note (useful across categories)
In certain in-Canada situations, renewals may still be possible when the family member’s work permit was issued for a shorter validity than the principal applicant’s permit and the applicant is extending to align with the principal’s remaining authorization (provided they still meet the requirements and apply before expiry).
To help you prepare a strong SOWP file—especially understanding which category applies to you, what changed under the 2025 rules, and how to avoid common refusal risks—you can refer to our Licensed Immigration Consultants. On our site, you can get acquainted with the professional Immigration Fees involved, or you can easily Book a Consultation to talk to our experts right now.
