Open work permit for spouse in Canada
Spousal Open Work Permit in Canada: A Complete Guide for Foreign Workers’ Partners
Canada offers one of the most flexible immigration regimes in the world, not just for professionals but also for their families. One of the leading positives for many foreign workers is the potential for the husband or common-law partner to apply for an open work permit (typically referred to as a Spousal Open Work Permit or SOWP). This channel permits the spouses to work for almost any Canadian employer without the need for them to reside with their partner in Canada.
Not all spouses or partners, though, qualify right away. Their suitability hinges upon the foreign worker’s profession, kind of work permit, and whether they happen to pursue the PR route. This is the exhaustive list below of those qualified, what the requirements are one must meet, and when one may send for an open work permit.
Who Is a Common-Law Partner or a Spouse?
Before one learns eligibility, one must also grasp the definition of the spouse or partner for Canadian immigration:
- Spouse: The two persons legally wedded, without regard to whether the union occurred or as long as it became recognized by the laws.
- Common-law partner: Two individuals cohabiting for a consecutive minimum of 12 months in a conjugal relationship. Short, occasional interruptions (such as when working or traveling) don't interrupt the continuity.
General Admissibility Conditions for Open Work Permits for Spouses
Whichever scenario fits the bill, all SOWP applicants would also need to have fulfilled the fundamental work permit requirements for Canada. They are:
- To have the correct temporary resident status for Canada, or the right to recover it.
- To convince the immigration officers that they would leave the country when the work permit lapsed.
- Showing adequate financial resources to support themselves and family members during their stay, including return travel costs.
- Meeting Canadian requirements, with no history of criminality. You may need a police clearance.
- Not a security risk for Canada.
- Meeting health standards, which could involve passing a medical test.
- Not wishing to labour for an employer not eligible (considered ineligible) or operating an illegal enterprise (such as a strip club, escort agency, or a massage parlour performing sensual activities).
- Submission of all other necessary documents by immigration officers.
Major Scenarios Where Husbands/Wives Can Be Eligible
To qualify for SOWP eligibility for the foreign workers’ spouses, Canada allows a few scenarios. They differ by immigration class, class of work permit, and level of skill.
Monthly Intake Levels: 2024 and 2025
| Category | Jan–Jun 2024 | Jan–Jun 2025 |
|---|---|---|
| Study Permits | 20,839 | 6,070 |
| Work Permits | 40,865 | 19,872 |
1. Foreign Wives of Singaporeans Who Applied for PR Under the Eligible Schemes
Included are:
- He or she should also possess a valid work permit (open or employer-specific).
- At least 6 months of permission for labour must be available at the date of the husband's application.
- The labour permit must be submitted with a PR application filed against an eligible programme, for example:
- Federal Skilled Worker Program (FSWP)
- Federal Skilled Trades Program (FSTP)
- Canadian Experience Class (CEC)
- Provincial Nominee Program (PNP)
- Agri-Food Pilot
- Atlantic Immigration Program (AIP)
- Start-up Visa Program
- Quebec-selected programs, among others
Note: The spouses of immigrants from the Francophone Community Immigration Pilot or the Rural Community Immigration Pilot streams do not qualify since they need to submit their own profiles directly from those streams.
2. Husbands/Wives of TEER 4 and TEER 5 Workers with PR
Included condition:
- He/She also needs to provide current work authorization for at least another 6 months.
- They need to work in a TEER 4 or TEER 5 grade.
- They would need to be significantly advanced towards permanent residency by means such as the PNP, AIP, or Agri-Food Pilot.
Special Case – Agri-Food Pilot:
- Immediate family members of the Agri-Food Pilot applicants can also submit an open work permit application if the principal worker:
- Has an up-to-date work permit from the agriculture or low-wage stream, depending on the LMIA.
- Has been given an Acknowledgment of Receipt (AOR) as confirmation for their PR application.
3. High-Skill Worker Spouses (TEER 0 and TEER 1 Occupation)
Spouses of foreign workers employed as managerial and professional workers (who belong to TEER 0 or TEER 1 of the Canadian NOC list) would usually qualify for an SOWP if:
- He/she possesses a valid work permit or has been licensed for a work permit.
- Their employment authorization shall continue for at least 16 months when the husband or wife applies.
- The foreign worker resides in Canada or has clear plans of dwelling and working in the nation.
4. Husbands/Wives of Skilled Workers for TEER 2 and TEER 3 Occupations
Eligibility requirements are:
- The worker also has to work for one of the occupations explicitly listed by Immigration, Refugees and Citizenship Canada (IRCC) as admissible.
- Their working permit shall, at the time of the application by the spouse, at least extend for a duration of 16 months.
- They must currently be living in Canada or have clear plans to relocate while working.
5. Spouses of Workers Covered by Free Trade Agreements (FTAs)
Examples include:
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
- Canada-Korea Free Trade Agreement (CKFTA)
- Canada–UK Trade Continuity Agreement (CUKT)
- Canada–Colombia FTA (CCOFTA)
- Canada–Ukraine Free Trade
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP)
Who is Not Qualified?
- A study permit holder (foreign student) (except for a study permit applicant).
- Working for a co-op program or off-campus without authorization.
- On a spousal open work permit.
- A refugee claimant or an individual with a removal order.
- Waiting for the approval of a Post-Graduation Work Permit (PGWP) application.
Understanding the TEER System
The TEER (Training, Education, Experience, and Responsibilities) framework ranks occupations within the National Occupational Classification (NOC) of Canada. The TEER framework allows us to decide whether the foreign worker’s occupation makes a spouse eligible for an open work permit:
- TEER 0 – Grades of Management
- TEER 1 – University Degree Required Positions
- TEER 2 – Occupation of college diploma or apprenticeship training (technical, trades)
- TEER 3 – Occupations requiring a college degree or less than two years of training
- TEER 4 & 5 – Unskilled occupations involving one job training or a high school diploma
Revised Fund of Settlement Amount for RCIP & FCIP
| Family Size | Minimum Funds Required (CAD) |
|---|---|
| 1 | $10,507 |
| 2 | $13,080 |
| 3 | $16,080 |
| 4 | $19,524 |
| 5 | $22,143 |
| 6 | $24,975 |
| 7 | $27,806 |
| Each additional member | $2,831 |
How to Get an LMIA: What Employers Need to Know
LMIA Application Process:
Step 1: Submit Application to ESDC
Employers or the company should first open the job in Canada by advertising through various portals and make genuine efforts to recruit domestically. This should be for four weeks at least. They also have to provide details about job duties, wages, and employment conditions, along with the required processing fee.
Step 2: Wait for the LMIA Decision
Step 3: Share LMIA with the Worker
What Happens Following Submission?
Upon receipt of your application, IRCC will begin the evaluation process and require additional documentation, including:
Medical exams
You will be called with directions on where and how to take a medical checkup.
Police Certificates
Applicants over the age of 18 may be required to present police clearance certificates. These papers have to be valid for one year after the date of issuance.
Biometrics
Conclusion
The Spousal Open Work Permit provides phenomenal opportunities for families not to split up when both spouses contribute to the Canadian economy. One condition, however, hinges on a few requirements—most significantly, the foreign worker’s occupation, immigration route, and the work permit duration.
