Canada’s Spousal Open Work Permit: Who’s Eligible After the New Changes?

As of January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has updated the eligibility criteria for Spousal Open Work Permits (SOWP). These changes affect spouses of both international students and foreign workers.

Eligibility for Spouses of International Students:

Spouses can apply for an open work permit if the international student is enrolled in one of the following programs:

• Master’s programs lasting 16 months or longer
• Doctoral (PhD) programs
• Select professional programs, including:
  • Doctor of Dental Surgery
  • Bachelor of Laws (LLB)
  • Pharmacy degrees (B. Pharmacy, PharmD)
  • Doctor of Veterinary Medicine (DVM)
  • Doctor of Medicine (MD)
  • Bachelor of Nursing (BN)
  • Bachelor of Engineering (BEng)
  • Doctor of Optometry (OD)
  • Bachelor of Education (BEd)

These programs provide opportunities for spouses to work full-time during the student's study period in Canada.

Eligibility for Spouses of Foreign Workers:

Spouses may be eligible for an open work permit if the foreign worker is employed in:

• TEER 0 or 1 occupations
• Select TEER 2 or 3 occupations in sectors experiencing labor shortages or aligned with government priorities, such as:
  • Natural and applied sciences
  • Construction
  • Healthcare
  • Natural resources
  • Education
  • Sports and military sectors

Additionally, the foreign worker must have at least 16 months remaining on their work permit at the time the spouse applies for the open work permit.

Application Process:

International students are encouraged to apply for their spouse's open work permit simultaneously with their own study permit application. This approach ensures that both applications are assessed together, potentially reducing delays. If the student is already in Canada, their spouse can apply for an open work permit from their home country.

Extensions and Post-Graduation Considerations:

If a student's study permit is extended, their spouse's open work permit can also be extended to match the new duration. However, if the student is in their final semester, the spouse may not be eligible for an extension. After graduation, students may apply for a Post-Graduation Work Permit (PGWP), allowing them to work in Canada for up to three years. In such cases, the spouse's eligibility for an open work permit depends on the graduate's employment in specific TEER categories.

Alternative Options:

For students not enrolled in eligible programs, spouses can consider applying separately for a study permit or visitor visa, provided they can demonstrate sufficient financial resources. Alternatively, spouses may explore other work permit programs they qualify for under Canada's immigration system.

These policy changes aim to balance opportunities for families with Canada's labor market needs. Applicants should carefully review the updated criteria to ensure eligibility before applying.