If you are legally married or in a common-law relationship with a foreign worker in Canada, you may be curious about whether you can apply for a spousal open work permit (SOWP). The answer isn’t one-size-fits-all and it depends on both your personal circumstances and your spouse’s current immigration status.

This guide explains work permit eligibility for spouses of foreign workers in Canada. We’ll walk through the eligibility conditions, how PR pathways factor into eligibility, and what both the worker and spouse need to meet to qualify.

So, let’s get started!

Who Can Apply For A Spousal Open Work Permit?

Canada’s immigration policies allow certain spouses and common-law partners of foreign workers to apply for an open work permit (OWP). Unlike employer-specific work permits, an OWP is flexible. It gives the holder the freedom to work for nearly any employer in Canada without restrictions to a single job or company.

That being said, eligibility is not automatic. Whether or not you qualify depends on your spouse’s immigration situation:

  • The type of work permit they hold.
  • Their job classification under Canada’s NOC TEER system.
  • Whether they are applying for or already on a pathway to permanent residency (PR).

Here’s a quick summary table showing the major categories of workers whose spouses may qualify for an OWP:

Eligibility Overview

Worker Status Worker Conditions
Applied for PR through an eligible program or pilot • Must hold a valid work permit, issued or approved because of a PR application.

• Work permit valid for at least 6 months at the time of applying.
Low-skilled (working in a TEER 4 or 5 occupation) foreign worker who received a work permit through an eligible PR pathway, and has not yet applied for PR • Work authorization must be valid for at least 6 months at the time of applying.
High-skilled worker (employed in a TEER 0 or 1 occupation) on a work permit. • Work authorization valid for at least 16 months at the time of applying.

• Currently living or planning to live in Canada while working.
High-skilled worker (TEER 2 or 3 occupation) on a work permit. • Must be employed in an occupation on the list of eligible TEER 2 and 3 occupations.

• Work authorization valid for at least 16 months at the time of applying.

• Currently living or planning to live in Canada while working.
Foreign workers in Canada under Free Trade Agreements (FTAs) • Depends on the terms of each individual free trade agreement.

Essential Requirements For The Primary Worker

In all scenarios, the foreign worker (the main applicant and your spouse/partner) must:

  • Hold a valid work permit or authorization to work in Canada.
  • Be physically living in Canada, or demonstrate a clear intent and plan to live and work in Canada during the validity of their permit.

This ensures that the spouse applying for an OWP is joining someone who is actively contributing to Canada’s labour market.

Conditions For The Spouse Applying For A Work Permit

Under the work permit eligibility for spouses of foreign workers in Canada, let us now discuss conditions for the spouse applying for a work permit. 

Well, as the spouse or common-law partner, you must also meet Canada’s general requirements for work permits. These apply to most foreign nationals seeking work authorization, regardless of category:

  • Temporary Intent: You must satisfy the immigration officer that you will leave Canada once your permit expires.
  • Financial Stability: Demonstrate you have enough funds to support yourself (and any dependents) while in Canada, and cover the cost of returning home.
  • Compliance With Canadian law: You cannot have a criminal history. A police clearance may be required.
  • No Security Risks: You must not pose a risk to Canada’s safety.
  • Medical Condition: You should be in good health and take a medical exam if IRCC requires it.
  • Employer Restrictions: You cannot work for employers who are on the “ineligible” list due to past violations.
  • Job Restrictions: Certain jobs are prohibited, such as work in striptease, escort services, erotic dance, or massage.
  • Additional Documents: Be prepared to submit any supporting documents immigration officers request to prove your eligibility.

Defining Spouses And Common-Law Partners

For Canadian immigration, both spouses and common-law partners can be eligible, but they are defined differently:

  • Spouse: A person legally married to the foreign worker. The marriage is valid whether it was performed in Canada or abroad, as long as it is legally recognized in the country where it took place.
  • Common-Law Partner: A person who has lived continuously with the foreign worker in a conjugal relationship for at least 12 consecutive months. Short, temporary separations for work, family, or travel are acceptable, but the relationship must otherwise show consistency.

Permanent Residency Programs That Support SOWPs

To understand work permit eligibility for spouses of foreign workers in Canada, it’s important to look at which PR programs make spouses eligible. Foreign workers applying for permanent residence under specific streams can support an OWP application for their spouse.

Eligible PR Programs and Pilots include:

PR Pathways For Low Or Semi-Skilled Workers

For foreign workers employed in TEER 4 and 5 occupations, spouses can qualify for an OWP if the worker is pursuing one of the following pathways:

  • Provincial Nominee Programs (PNPs).
  • Quebec business and self-employed programs with a CSQ.
  • Quebec Investor Program.
  • Start-up Business Class (SUV).
  • Atlantic Immigration Program (AIP).
  • Agri-Food Pilot.
  • Yukon Community Pilot.

This ensures even lower-skilled workers, who are on a valid PR track, can extend work opportunities to their partners.

Understanding The TEER Classification

The TEER system (Training, Education, Experience, and Responsibilities) organizes Canadian jobs into skill categories under the National Occupation Classification (NOC).

  • TEER 0: Management jobs (highest skill).
  • TEER 1: Jobs usually requiring a university degree.
  • TEER 2: Roles needing college diplomas or apprenticeships.
  • TEER 3: Jobs requiring similar training but slightly less responsibility than TEER 2.
  • TEER 4: Occupations typically requiring high school education.
  • TEER 5: Entry-level roles needing minimal or no formal education (lowest skill).

When Can Spouses Apply For An OWP?

As we discuss work eligibility for spouses of foreign workers, let’s look at different scenarios where spouses may qualify for a spousal open work permit in Canada.

Scenario 1: Spouse Of A Worker Applying For PR

If your spouse is currently applying for PR through an eligible pathway, you may qualify for an OWP if:

  • Your spouse holds a valid work permit (or has been approved for one).
  • This may be an employer-specific permit or an open permit granted under a non-family category.
  • The permit is valid for at least six months at the time of your application.
  • The permit was issued based on an eligible PR application.
  • Your spouse is living and working in Canada, or has firm plans to do so.

Note: The Francophone Community Immigration Pilot (FCIP) and the Rural Community Immigration Pilot (RCIP) do not count as eligible PR pathways under this scenario. Spouses of workers under these pilots must apply for their own OWP directly through the FCIP or RCIP.

Scenario 2: Spouse Of A Low-Skilled Worker On A PR Pathway

Here, “being on a PR pathway” means the worker has a permit through an eligible PR program and is actively building their eligibility by working in Canada.

Spouses or partners may qualify for an OWP if the foreign worker:

  • Has a valid work permit, an approval, or is authorized to work without a permit.
  • Holds work authorization valid for at least six months.
  • Is actively pursuing PR through an eligible stream.
Family Members Of Agri-Food Pilot Applicants

Spouses and dependents of workers in the Agri-Food Pilot may qualify for an OWP if:

  • The worker holds an LMIA-based permit in agriculture or the low-wage stream.
  • They have already received an Acknowledgement of Receipt (AOR) for their PR application.
Spousal Work Permits Under Free Trade Agreements

Some foreign workers are in Canada under Free Trade Agreements (FTAs), and their spouses may also qualify for an OWP. The exact eligibility depends on the terms of the specific FTA.

Examples of FTAs that allow spousal eligibility:

  • Canada-UK Trade Continuity Agreement (CUKTCA).
  • Canada-Colombia Free Trade Agreement (CCOFTA).
  • Canada-EU Comprehensive Economic and Trade Agreement (CETA).
  • Canada-Korea Free Trade Agreement (CKFTA).
  • Canada-Ukraine Free Trade Agreement (CUFTA).
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

If a spouse doesn’t qualify directly through the FTA, they may still apply if they meet the general eligibility criteria mentioned earlier.

When Spouses Are Not Eligible?

Spouses cannot qualify for an OWP if the foreign worker:

  • Has a pending refugee claim.
  • Is under a removal order.
  • Is an international student (with or without a permit).
  • Is waiting for a Post-Graduation Work Permit (PGWP).
  • Already holds a spousal open work permit.

Scenario 3: Spouse Of A High-Skilled Worker (TEER 0 or 1)

Spouses of highly skilled workers in TEER 0 or 1 may apply for an OWP if:

  • The worker has a valid work permit, approval, or work authorization.
  • Their work permit is valid for at least 16 months when you apply.

Scenario 4: Spouse Of A Skilled Worker (TEER 2 or 3)

Spouses of workers in TEER 2 or 3 occupations may qualify if:

  • The worker is employed in an occupation listed as eligible.
  • They hold valid work authorization.
  • Their permit is valid for at least 16 months at the time of application.
Foreign Workers Not Eligible Under Scenario 4 Include:
  • Those who have made a refugee claim referred to the Immigration and Refugee Board.
  • Individuals under an unenforceable removal order.
  • International students with a valid study permit.
  • International students working on- or off-campus without a work permit.
  • Applicants for a Post-Graduation Work Permit (PGWP) who have not yet received approval at the time the spousal work permit application is assessed.
  • Foreign workers already holding a spousal open work permit.

Final Thoughts

The spousal open work permit is a valuable opportunity for partners of foreign workers in Canada. However, eligibility depends heavily on the worker’s status, occupation, and whether they are pursuing PR.

To recap, spouses may qualify if:

  • The foreign worker has a valid, eligible work permit.
  • Their permit has enough remaining validity (6 or 16 months depending on the scenario).
  • They are working in a TEER 0–3 role or on a valid PR pathway.
  • The spouse meets Canada’s general work permit requirements.

If you’re unsure which scenario fits your case, seeking professional immigration advice can help ensure your application is accurate and complete.

With the right preparation, a Spousal Open Work Permit can open doors to meaningful work opportunities while keeping families together in Canada.

CWRVisa, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at CWRVisa.ca.