Bright Tomorrows Immigration Services

Spousal Open Work Permit in Canada: 2026 Rules

Open, narrowed January 21, 2025, with 2026 exceptionsLast reviewed Nov 4, 2026

A spouse or common-law partner of someone working or studying in Canada can get an open work permit only in specific situations. Since January 21, 2025, the worker must be in a TEER 0 or 1 job, or a listed TEER 2 or 3 job, with at least 16 months left on their permit, and the student must be in a master's program of 16 months or more, a doctoral program, a listed professional degree or an eligible program. Separate rules cover families of workers who have applied for or are on a pathway to permanent residence, and spouses being sponsored from inside Canada.

Spouses of workers
TEER 0 or 1, or listed TEER 2 or 3
Time left on worker's permit
At least 16 months
Spouses of students
Master's 16+ months, PhD, listed degrees
Dependent children of workers
Generally not since January 21, 2025
Sponsored spouses in Canada
After acknowledgement of receipt
Government fees
$155 plus $100 open permit fee
How a spousal open work permit works
  1. 1Check partner's situationJob, study program or PR application
  2. 2Prove the relationshipMarriage or common-law evidence
  3. 3Apply onlineInside or outside Canada
  4. 4Get your permitUsually ends with partner's permit

Overview

Spousal open work permits are not one program but several categories, each with its own rules. Which one fits depends on what your spouse or common-law partner (the principal applicant) is doing in Canada: working, studying, waiting for permanent residence, or sponsoring you. An open work permit lets you work for almost any employer, without a job offer or a Labour Market Impact Assessment (LMIA).

Permits for spouses of workers and students are issued under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR), under Immigration, Refugees and Citizenship Canada (IRCC) codes C41 and C42. Permits for sponsored spouses in Canada come from a public policy. Spouses of some free trade agreement professionals have their own rules under those agreements.

Time the worker's permit must still run
16 months
Plus listed TEER 2 and 3 occupations
TEER 0–1
Minimum length of an eligible master's program
16 months
Permit time left for families of PR applicants
6 months
  1. January 21, 2025

    Spousal permits narrowed

    New occupation, time-left and program rules. Dependent children of workers no longer qualify under this measure.

  2. March 23, 2026

    Spouses of workers on significant investment projects in British Columbia

    Any TEER level, no 16-month rule.

  3. May 25, 2026

    Spouses of health care professionals recruited by Quebec

    No 16-month rule for three occupations.

  4. June 5, 2026

    Spouses of Quebec PSTQ applicants

    New public policy for spouses included in a Programme de sélection des travailleurs qualifiés (PSTQ) application.

The one thing most people get wrong

Both tests are applied when you apply, not when your partner arrived. Your partner must be working, or about to work, in a qualifying occupation when you submit your application, and their permit must still be valid for at least 16 months after IRCC receives it. A permit that had 2 years left when issued may no longer qualify a year later.

Who it fits

A good fit if

  • Your spouse or partner works in Canada in a TEER 0 or 1 occupation, or a listed TEER 2 or 3 occupation, and can work for at least 16 more months.
  • Your spouse or partner studies in a master's program of 16 months or more, a doctoral program, a listed professional degree or an IRCC-listed eligible program.
  • Your spouse or partner has applied for permanent residence through an eligible economic program, holds a work permit issued because of that application (such as a bridging open work permit) with at least 6 months left, and you are included in the application.
  • Your spouse or partner is sponsoring you from inside Canada, you live together, and you have the acknowledgement of receipt for the sponsorship application.
  • You can show a genuine marriage or common-law relationship (at least 1 year of living together).

Look elsewhere if

  • You want a work permit for a dependent child of a worker who is not on a pathway to permanent residence. This ended on January 21, 2025.
  • Your partner is in a college diploma or a master's program shorter than 16 months. Look at your own study or work options. Study in Canada 
  • Your partner works in TEER 4 or 5 and has not applied for, and is not on a pathway to, permanent residence.
  • Your partner is a refugee claimant, is under an unenforceable removal order, or holds a spousal open work permit themselves.
  • Your partner is on a study permit and only working on or off campus as a student. The worker category does not apply to them; check the student rules instead.

Eligibility

The four main routes
Spouse of a workerNot on a pathway to permanent residenceSpouse of a studentFamily of a worker applying for permanent residenceSpouse sponsored from inside Canada
Partner's situationWorks in TEER 0 or 1, or a listed TEER 2 or 3 occupationValid study permit in an eligible programApplied for PR under an eligible economic program, or on an eligible pathwaySponsor's application includes you as the principal applicant
Time left16 months after IRCC receives your applicationPermit usually matches the study permit6 months after IRCC receives your applicationNot applicable
Dependent childrenNoNoYesYes
Key proofPartner's permit and employer letter with NOC and TEERPartner's enrolment letter or transcriptPartner's permit and proof of the PR applicationAcknowledgement of receipt and proof you live with your sponsor

Spouses of workers: the worker must hold a valid work permit, an approved permit not yet issued (a port of entry letter of introduction), or authorization to work without a permit. They must live, or plan to live, in Canada while working. The occupation is classified by the National Occupational Classification (NOC) and its training, education, experience and responsibilities (TEER) category.

  • TEER 0 (management) and TEER 1 (professional): every occupation qualifies.
  • Listed TEER 2 occupations include licensed practical nurses (32101), medical laboratory technologists (32120), early childhood educators and assistants (42202), electricians (72200), plumbers (72300), carpenters (72310), welders (72106) and many engineering technologists and trades supervisors.
  • Listed TEER 3 occupations include nurse aides, orderlies and patient service associates (33102), dental assistants (33100), elementary and secondary school teacher assistants (43100), transport truck drivers (73300), heavy equipment operators (73400) and roofers (73110).
  • IRCC's full list of TEER 2 and 3 occupations is on its eligibility page. If the worker's NOC code is not on it, the spouse does not qualify under this route.
Free toolNOC & wage finderFind your partner's NOC code and TEER category from their job title and duties.

Spouses of students: the student must hold a valid study permit and be in one of these: a master's degree program of 16 months or longer; a doctoral program; or a professional degree at a university in dentistry (DDS, DMD), law (LLB, JD, BCL), medicine (MD), optometry (OD), pharmacy (PharmD, BS, BSc, BPharm), veterinary medicine (DVM), nursing (BScN, BSN, BNSc, BN), education (BEd) or engineering (BEng, BE, BASc). IRCC also lists eligible programs, such as the Francophone Minority Communities Student Pilot outside Quebec and some health professional bridging programs in Quebec, Ontario, Manitoba and British Columbia.

Families of workers applying for permanent residence: if the worker has applied as principal applicant under an eligible economic program, such as Express Entry, the Provincial Nominee Program, the Atlantic Immigration Program or a CSQ-based Quebec program, their spouse, dependent children and dependent grandchildren may qualify at any TEER level if they are included in that application. The worker's permit must have been issued or approved because of that application, and must be valid for at least 6 months after IRCC receives the family member's application. Workers who hold a permit through an eligible pathway, such as a provincial nominee program, a Quebec Selection Certificate (CSQ) or the Atlantic Immigration Program, but have not yet applied for permanent residence, can also qualify their families with the same 6-month rule. For the Rural Community Immigration Pilot and the Francophone Community Immigration Pilot, spouses use a separate pilot permit.

Free toolSpousal open work permit checkerAnswer a few questions about your partner's job, permit or program to see which spousal route may apply.

Sponsored spouses already in Canada

If you are being sponsored as a spouse, common-law or conjugal partner and live in Canada with your sponsor, you can apply for an open work permit once your sponsor receives the acknowledgement of receipt (the application number starts with F). You need valid temporary resident status, maintained status or eligibility for restoration. If your permit or status will expire in 2 weeks or less, you can apply without the acknowledgement. Accompanying dependent children living with you and your sponsor can also apply.

2026 special cases on IRCC's pages
SituationWhat changesCode for the Job title field
Partner works on a significant investment project in British Columbia (from March 23, 2026)Any TEER level, no 16-month rule; needs the province's letter of supportSIPSPOUSEBC
Partner recruited by Quebec as a registered nurse (31301), respiratory therapist (32103) or medical laboratory technologist (32120) (from May 25, 2026)No 16-month rule; needs the selection letter for the Quebec recognition programCONJOINTSANTEQC
Partner applied for permanent selection under Quebec's PSTQ (from June 5, 2026)You must be included in the PSTQ application, and your partner must hold or apply for a work permit under the PSTQ public policy (applications until December 31, 2026). Dependent children are not eligible.PPTR2PRQC2026

Who is excluded under the worker route: partners whose refugee claim was referred to the Immigration and Refugee Board, partners under an unenforceable removal order, partners who hold a study permit or work as students without a work permit, partners who hold a spousal open work permit, and partners who applied for a Post-Graduation Work Permit (PGWP) but have no positive decision when your application is decided.

Step by step

  1. 1

    Confirm the route

    Check your partner's NOC code and TEER, the expiry date of their permit, their study program or the stage of their permanent residence application.

  2. 2

    Gather relationship proof

    A marriage certificate, or the Statutory Declaration of Common-Law Union (IMM 5409) with evidence of living together.

  3. 3

    Gather proof about your partner

    A copy of their work permit, letter of introduction or study permit; for workers, an employer letter with the occupation, duties, NOC code and TEER; for students, an enrolment letter or transcript.

  4. 4

    Apply online

    Answer IRCC's questionnaire exactly as its instructions describe so you get the right checklist. Enter a special code in the Job title field if one applies to you. You can apply with your partner or separately.

  5. 5

    Pay fees and give biometrics

    Pay the work permit fee and the open work permit holder fee. Give biometrics within 30 days if IRCC asks.

If you and your partner apply at the same time and your partner is a PGWP holder or an employer-specific work permit holder, IRCC's instructions say you do not need separate proof that your partner can or will be authorized to work in Canada.

Costs and processing times

Government fees on IRCC's fee list, checked November 4, 2026 (CAD)
FeeAmount
Work permit processing fee, per person$155
Open work permit holder fee$100
Restore your status as a worker and get a new work permit (instead of the $155 fee)$401.25
Biometrics, per person$85
Biometrics, family applying together (maximum)$170
Free toolGovernment fee estimatorAn itemized total of IRCC fees for your application and family, including biometrics.

The live IRCC processing times below show current waits for work permits applied for inside and outside Canada.

Common refusal reasons

ReasonWhat it meansRule
Occupation does not qualifyThe worker's NOC code is TEER 4 or 5, or a TEER 2 or 3 code not on IRCC's listIRCC spousal instructions (code C41)
Not enough time leftThe worker's permit ends less than 16 months after IRCC receives your applicationIRCC spousal instructions
Ineligible study programA master's program under 16 months, or a bachelor's degree not on the professional listIRCC spousal instructions (code C42)
Relationship not shown to be genuineMissing or weak proof of marriage or of 1 year of living togetherIRPR s. 4 and s. 1(1)
Excluded principal applicantFor example, a refugee claimant, a student without a work permit or a pending PGWPIRCC spousal instructions
No valid status in CanadaYour status expired and you are not eligible for restorationIRCC spousal instructions
General requirementsInadmissibility, or not satisfying the officer you will leave at the end of your stayIRPR s. 200

An employer letter that gives only a job title is a common weak point. It should describe the duties and name the NOC code and TEER, so the officer can confirm the occupation.

After approval

  • Your permit usually ends with your partner's authorization. IRCC cannot issue it past your partner's work permit, your passport or your biometrics validity. For spouses of students, it usually matches the study permit.
  • If your permit is shorter than your partner's, for example because your passport was expiring, you can apply to extend it before it expires, even after January 21, 2025, if you are in Canada.
  • Spouses of students can extend while the student holds a valid study permit, studies full time in a PGWP-eligible program and is not in their last term, but not past the study permit's expiry.
  • Sponsored spouses can extend for 2 more years while the permanent residence application is still in process.
  • Your own skilled Canadian work experience can later count toward the Canadian Experience Class or provincial programs.

Current processing times

Estimates published by IRCC, the IRB or ESDC, updated automatically. They are not a promise of how long your application will take.

See all processing times

Frequently asked questions

Only if you work, or will work, in a TEER 0 or 1 occupation, or a TEER 2 or 3 occupation on IRCC's list, and your permit is valid for at least 16 months after IRCC receives your spouse's application. Different rules apply if you have applied for permanent residence, work on a significant investment project in British Columbia, or were recruited by Quebec in certain health occupations.

Since January 21, 2025, the student must be in a master's program of 16 months or longer, a doctoral program, a listed professional degree such as medicine, law, nursing, education or engineering, or an eligible program IRCC lists. Spouses of college students and most undergraduates no longer qualify.

Under the worker route, dependent children no longer qualify since January 21, 2025, unless they are extending a permit they already hold in Canada. Children can still qualify if the parent has applied for permanent residence under an eligible economic program or is on an eligible pathway, or if they accompany a spouse being sponsored from inside Canada.

No. It counts from the day IRCC receives the spouse's open work permit application. The partner's permit or authorization to work must still be valid for at least 16 months from that date.

If you live in Canada with your sponsor and have valid status, you can apply for an open work permit once your sponsor receives the acknowledgement of receipt for the permanent residence application. If your status will expire in 2 weeks or less, you can apply without it.

Possibly. A PGWP holder counts as a worker, so the job must be in TEER 0 or 1, or a listed TEER 2 or 3 occupation, with at least 16 months left on the PGWP. If your partner has applied for a PGWP but has no positive decision when your application is decided, you are not eligible yet.

Usually until your partner's work permit or study permit expires. IRCC cannot issue it past your partner's authorization, your passport or your biometrics validity.

IRCC's fee list shows $155 for the work permit plus $100 for the open work permit holder fee, $255 in total. Biometrics cost $85 per person, or $170 for a family applying together.

Official sources

We checked this page against these official sources on the review date above. Rules change often, so confirm with the official source before you apply.

  1. IRCC: Open work permits for family members of foreign workers, who can apply
  2. IRCC: Open work permits for family members of foreign workers, how to apply
  3. IRCC: Help your spouse or common-law partner work in Canada (students)
  4. IRCC: Open work permit in Canada for sponsored spouses and partners
  5. IRCC: Spouses and common-law partners of PSTQ applicants in Quebec
  6. IRCC: Work permits for Quebec temporary workers who applied under the PSTQ
  7. IRCC program delivery instructions: Family members of workers who are permanent resident applicants (C49)
  8. IRCC: LMIA exemption codes
  9. IRCC: Fee list
  10. Immigration and Refugee Protection Regulations, section 205
  11. Immigration and Refugee Protection Regulations, section 1 (definitions)
  12. Immigration and Refugee Protection Regulations, section 4 (bad faith)

This page is general information, not legal advice. No immigration outcome can be guaranteed. For advice on your situation, book a consultation with a licensed consultant.

Ready to Start Your Immigration Journey?

Book a consultation to discuss your case

Interest-free payment plans: 0% interest · no fees