Canada's Spouse Open Work Permit (SOWP)

If your spouse is presently employed or enrolled in studies in Canada, or if you've applied to be sponsored for permanent residency by your spouse or partner in Canada, you could qualify for an open work permit.

What is a Spouse Open Work Permit Canada (SOWP)?

The Spouse Open Work Permit Canada (SOWP) is a special type of work permit issued to individuals with spouses in Canada. Foreign nationals (principal applicants) in Canada may fall into one of three categories:

  • They are studying in Canada in master’s and doctoral programs and hold a valid study permit.
  • They are foreign skilled workers in Canada and hold a valid work permit.
  • They are business owners/entrepreneurs working as a “high skilled worker” in Canada.

The “open” nature of the spousal open work permit in Canada means the holder can work for any employer in the country. The validity length of their work permit typically coincides with the validity date of their spouses’ work permit or study permit.

Eligibility for Spouse Open Work Permit

In Canada, individuals seeking a spouse open work permit may include those who have applied to be sponsored by their spouse or whose spouses are already in Canada on a study or work permit. The eligibility criteria for obtaining a spouse’s open work permit vary based on the type of status held by the applicant’s spouse in Canada. Please refer to the table below for further details.

Category Details Work Permit Applicant’s NOC Skill Level Work Permit Applicant’s Work Permit Length (Minimum)
Spouses and common-law partners of foreign nationals with study permits Applicants can apply for a SOWP (under section C42) if their spouse is enrolled in Canadian master’s or doctoral programs. However, they cannot apply for a SOWP if they hold a study permit. N/A N/A
Spouses and common-law partners of individuals with work permits or provincial nominations Applicants may apply for a SOWP (under section C41) if their spouse holds a work permit and/or a provincial nomination. Any NOC skill level 6 months
Spouses and common-law partners of foreign workers under the Atlantic Immigration Program (AIP) Applicants are eligible for a SOWP (under section C41) if their spouse has applied for Canadian permanent residence and holds a work permit obtained during their AIP application process. NOC TEER 0, 1, 2 or 3 6 months
Spouses and common-law partners of individuals with Quebec selection certificates (CSQ) Applicants can apply for a SOWP (under section C41) if their spouse has been selected for Quebec immigration and holds a Quebec Selection Certificate. Any NOC skill level 6 months
Spouses and common-law partners of individuals with bridging open work permits (BOWP) Applicants qualify for a SOWP (under section C41) if their spouse holds a bridging open work permit. While the spouse must be in Canada, the applicant can be anywhere. Varies based on the applicant’s program 6 months
Spouses and common-law partners of individuals with open work permits (excluding BOWP) Applicants may hold a SOWP (under section C41) if their spouse holds an open work permit through various programs like the International Mobility Program or Post-Graduation Work Permit. NOC TEER 0, 1, 2 or 3 N/A
Spouses and common-law partners of permanent residents sponsored under the Spousal Sponsorship Program Applicants become eligible for a SOWP upon receipt of their Acknowledgement of Receipt (AoR). N/A N/A

Is it possible for me to apply for an open work permit if my spouse or partner has initiated the sponsorship process for me?

To qualify for a spousal sponsorship open work permit, you must have applied for permanent residency sponsorship from within Canada through the in-Canada stream of the spousal sponsorship program.

Here’s what you need to know based on your application status:

  • If you haven’t submitted your sponsorship application:
    • You can submit your sponsorship, permanent residence, and open work permit applications together in a single envelope in hard copy.
    • Ensure all supporting documentation and required proof of payments for all applications are included.
    • Submit your applications to the Case Processing Centre in Mississauga (CPC-M), Ontario.
  • If your permanent residence application is submitted but not yet approved in principle:
    • You may submit the open work permit application in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.
  • If your permanent residence application has received approval in principle:
    • You can submit the open work permit application online or in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.

It’s important to note that approval in principle (AIP) indicates that your permanent residence application has met the eligibility requirements, but it hasn’t completed processing for medical exams and security/background checks. While this is a significant step, permanent residency may still be denied after receiving AIP.

Additionally, you must have valid status in Canada (visitor, student, worker, etc.) to submit a work permit application alongside your permanent residence application. If you’re out of status, you must wait until your permanent residence application receives AIP to submit your work permit application.

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    Requirements for Spouse Open Work Permit Canada (SOWP)

    To qualify for the SOWP Canada, prospective applicants must fulfill the following requirements:

    • Genuine Relationship:
      • Applicants must demonstrate the authenticity of their relationship with their spouse. This involves proving that the marriage was not entered into solely for the purpose of obtaining temporary residence in Canada. Evidence of the relationship and cohabitation for at least one year is required.
    • Valid Temporary Resident Status Holder:
      • The spouse residing in Canada must maintain valid temporary resident status. For instance, if they are employed, they must possess a valid work permit. Similarly, if they are studying, a valid study permit is necessary.
    • Primary Foreign National’s Resident Status Time Remaining:
      • The spouse in Canada must have a minimum of 6 months remaining on their work permit or study permit at the time of the applicant’s SOWP application.
    • Occupation Type:
      • Applicants are eligible for a SOWP if their spouse in Canada is employed in occupations categorized under TEER (0, 1, 2, 3, 4, or 5). Alternatively, eligibility extends to spouses holding open work permits or those who have applied for permanent residence while possessing a work permit.

    Document Checklist for Spousal Open Work Permit Application

    Individuals planning to apply for a Spousal Open Work Permit must compile and provide the following documents:

    Inviter’s Documents:

    • Copy of the inviter’s passport, including pages with visa stamps
    • Copy of the inviter’s study permit or work permit, if applicable
    • Enrollment confirmation from a Designated Learning Institution, if applicable
    • Proof of Canadian employment, if applicable
    • Evidence of the inviter’s address in Canada
    • T4 tax remuneration slip
    • Bank statements for the last four months

    Applicant’s Documents:

    • Valid passport
    • Passport-size photographs meeting IRCC’s photo requirements
    • Proof of employment
    • Marriage certificate or other documents proving the relationship
    • Evidence of sufficient funds to support the applicant’s stay in Canada
    • Medical exam clearance certificate
    • Police clearance certificate

    Spousal Open Work Permit Application Procedure

    The application process for a spousal open work permit involves the following steps:

    1

    Assess Eligibility

    The applicant should review the work permit application guide to determine the necessary forms and instructions for completion.

    2

    Collect Required Documents

    Ensure all necessary documents are gathered for the application and scan them to create digital copies.

    3

    Complete Application Forms

    Create a secure account on Immigration, Refugees, and Citizenship Canada’s (IRCC) online portal. Fill out the forms online, referring to the application guide as needed. Sign and date the forms upon completion.

    4

    Pay Fees and Submit Application

    Pay the application processing fee and submit the application and accompanying documents online.

    5

    Await Processing

    Wait for the application to be processed, with processing times varying based on application volume and permit type. Additional information or an interview may be requested during this period.

    6

    Receive Decision

    Wait for the application to be processed, with processing times varying based on application volume and permit type. Additional information or an interview may be requested during this period.

    Spousal Open Work Permit Application Fee

    Applicants for a spousal open work permit are required to pay a total fee of $340 for their application processing. This amount includes the following components:

    • Processing Fee: $155
    • Open Work Permit Holder Fee: $100
    • Biometrics Fee: $85

    Please be aware that fees are subject to change, and it is advisable to consult the official Government of Canada website for the latest updates on SOWP application fees.

    Validity of Spousal Open Work Permits

    The duration of a spousal open work permit is contingent upon several factors, primarily determined by the expiration date of the foreign national’s study permit or work permit.

    If the foreign national’s study permit or work permit is due to expire within the next three months, the spouse’s open work permit will also expire after three months. Should the foreign national extend their study permit or work permit, the spouse will be required to apply for a new open work permit accordingly.

    Advantages of Spousal Open Work Permits

    Obtaining a spousal open work permit can offer several significant advantages for individuals looking to work in Canada alongside their spouse. Let’s explore these benefits:

    • Exemption from LMIA Requirement: Securing a job offer from a Canadian employer typically requires a Labour Market Impact Assessment (LMIA), a complex process proving the need for hiring a foreign worker. However, spousal open work permit applicants are exempt from this requirement, eliminating the need to secure a Canadian job offer beforehand.
    • Flexibility in Employment: Holders of spousal open work permits enjoy the freedom to work for any employer in Canada, unlike employer-specific work permits that restrict employment to a single employer. This flexibility allows applicants to explore various job opportunities without feeling tied down.
    • Aligned Validity Period with Principal Applicant: The spousal open work permit’s validity duration aligns with that of the principal applicant’s work permit or study permit. This ensures that spouses can remain together in Canada without facing the risk of separation due to differing permit expiration dates, providing stability and peace of mind.
    • Emotional Support and Togetherness: Living apart from a spouse in a foreign country can be emotionally challenging. The spousal open work permit enables couples to stay together in Canada, offering mutual emotional support and enhancing the overall quality of life.
    • Pathway to Permanent Residence: By acquiring valuable Canadian work experience through a spousal open work permit, individuals become eligible to apply for permanent residency through programs like the Canadian Experience Class. This pathway not only facilitates integration into Canadian society but also opens avenues for sponsoring their partner for permanent residency, fostering long-term settlement in Canada.

    In essence, the spousal open work permit serves as a valuable tool for couples seeking to work and build a life together in Canada, offering flexibility, stability, and opportunities for long-term residency and mutual support.

    Common Reasons for Spousal Open Work Permit Rejection

    Several factors could lead to the rejection of a spousal open work permit application. Below are six prevalent reasons:

    1

    Principal Applicant Residing Outside Canada

    For the application to be valid, the sponsoring spouse must reside in Canada under eligible legal status. If they are residing outside Canada, the application may be declined.

    2

    Lack of Evidence of Enrollment in a Designated Learning Institute (DLI)

    If applying as a spouse of a student, it's crucial to provide proof that the sponsoring spouse is enrolled in a Canadian DLI and actively attending classes. Failure to include this evidence may result in refusal.

    3

    Inadequate Proof of Sufficient Funds

    If the reviewing officer doubts that the applicant and their spouse have enough financial resources to support themselves during their stay in Canada, the application could be refused. Including comprehensive financial documentation is essential to demonstrate financial stability.

    4

    Missing Evidence of Spouse's Employment

    When applying based on the spouse's employment, it's vital to submit supporting documents verifying their employment in Canada.

    5

    Insufficient Ties to Home Country

    Immigration officers must be convinced that the applicant will depart Canada before the end of their authorized stay. Providing evidence of ties to the applicant's home country is crucial. Failure to do so may lead to rejection.

    6

    Lack of Proof of Genuine Relationship

    Since the spousal open work permit hinges on the authenticity of the relationship, it's essential to provide compelling evidence of its genuineness. If the visa officer is unconvinced about the authenticity of the relationship, the application may be refused.

    Other International Mobility Program

    Working With a CSQ
    A Certificat de sélection du Québec (CSQ) allows foreign workers with a valid job offer in Quebec to apply for a work permit without needing a Labour Market Impact Assessment (LMIA), streamlining the process for skilled workers. Know More
    SOWP for Student
    The Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of a full-time international student to work in Canada while the student completes their studies, without requiring an LMIA. Know More
    Post-Graduation Work Permits
    Post-Graduation Work Permits (PGWPs) are available to international graduates from eligible Canadian institutions. The work permit is open, meaning graduates can work for any employer without needing an LMIA, for a period equal to their study duration. Know More
    Open Work Permits
    Open work permits allow foreign workers to work for any employer in Canada without needing an LMIA or job offer. This type of permit is available to specific individuals, including spouses of skilled workers or international students. Know More
    International Experience Canada
    International Experience Canada (IEC) provides work permits to young people from participating countries to work and travel in Canada. The program is LMIA-exempt and allows applicants to gain work experience in Canada as part of their cultural exchange. Know More
    ICT Work Permit
    The Intra-Company Transfer (ICT) Work Permit allows employees of multinational companies to transfer to a Canadian branch without requiring an LMIA. This LMIA exemption facilitates the movement of key staff within a company. Know More
    CUSMA Work Permit
    Under the Canada-United States-Mexico Agreement (CUSMA), certain U.S. and Mexican citizens can apply for work permits in Canada without needing an LMIA, based on specific job categories, such as professionals, traders, and investors. Know More
    CETA Work Permits
    Under the Comprehensive Economic and Trade Agreement (CETA), citizens of European Union countries can obtain work permits in Canada without an LMIA for specific job categories, such as executives, professionals, and technicians. Know More
    Bridging Open Work Permit
    The Bridging Open Work Permit (BOWP) is available to individuals who are transitioning from temporary status to permanent residency. It allows them to continue working for any employer while they await a decision on their permanent residency application, without needing an LMIA. Know More
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    Other Work in Canada

    Working in Quebec

    Working in Quebec requires a valid work permit or specific authorization. Quebec has its own immigration programs and criteria that must be met for foreign workers to work legally in the province.

    Work without a Work Permit

    Certain foreign workers can work in Canada without a work permit under specific circumstances, such as intra-company transferees, business visitors, and diplomats, among others.

    Temporary Foreign Worker Program (TFWP) - (LMIA - Based Work Permits)

    The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign workers to fill temporary labor shortages. An LMIA (Labour Market Impact Assessment) is required to ensure that hiring a foreign worker does not negatively impact the Canadian job market.

    Canada’s Spouse Open Work Permit

    Open work permits allow foreign workers to work for any employer in Canada, without the need for a specific job offer or an LMIA. This type of permit is usually available to spouses of skilled workers or international students, and those applying for permanent residency.

    LMIA - Labour Market Impact Assessment

    An LMIA is a document required for most work permits in Canada. It assesses the impact of hiring a foreign worker on the Canadian labor market, ensuring that no qualified Canadian or permanent resident is available for the job.

    Live-in Caregivers

    The Live-in Caregiver Program allows individuals to work in Canada as caregivers for children, elderly individuals, or those with medical needs. The program has specific eligibility criteria, including the requirement to live with the employer.

    IEC Program - Working Holiday Visa

    The International Experience Canada (IEC) program allows young people from participating countries to live and work in Canada on a temporary basis. The Working Holiday Visa, part of the IEC program, is designed for individuals who want to travel and work in Canada.

    Global Skills Stream

    The Global Skills Stream provides work permits for highly skilled foreign workers in specific fields, such as technology, engineering, and science. It is designed to help Canadian employers quickly fill high-demand roles with global talent.

    Employer-Specific Work Permits

    Employer-specific work permits allow foreign workers to work for a specific employer in Canada. These permits are tied to the employer, job position, and location, and can be obtained with a valid job offer and an LMIA or LMIA-exemption.