Who is eligible for a work permit as the spouse of a foreign worker?
As the spouse or common-law partner of a foreign worker in Canada, whether or not you are eligible for a spousal open work permit (SOWP) varies depending on you and your spouse’s situation.
The following table summarizes spouses of foreign workers who are eligible for an OWP:
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Worker status Worker conditions
Applied for PR through an *eligible program or pilot,• Must hold a valid work permit, issued or approved because of 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 planing 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 eligable TEER 2 and 3 occupations.
• Work authorization valid for at least 16 months at the time of applying
• Currently living or plan 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.
Visit our dedicated webpage to learn more.
In all cases, the primary work permit holder must
Have valid work authorization; and
Currently be living in Canada, or plan to live in Canada.
In all cases, the spouse applying for the work permit must have valid temporary resident status or be able to restore their status, and must meet the general eligibility requirements for a work permit:
Proving to the officer that they will leave Canada once their work permit expires.
Showing that the applicant has sufficient funds to support themselves and any accompanying family members during their stay in Canada, and to cover the cost of returning home.
Obeying Canadian laws and having no record of criminal activity.
Providing a police clearance certificate if requested.
Demonstrating that they do not pose a risk to Canada’s security.
Being in good health and undergoing a medical examination, if required.
Not planning to work for an employer who is listed as “ineligible” due to non-compliance with program conditions.
Not planning to work for an employer that regularly offers striptease, erotic dance, escort services, or erotic massages.
Providing any additional documents requested by the officer to confirm eligibility to enter and work in Canada.
Spouses are those who have been legally married anywhere in the world. A couple counts as being in a common law relationship if they’ve been living together in a conjugal relationship for at least 12 months (with any time spent apart from one another being minimal and temporary).
*Eligible programs and pilots include the following:
Agri-Food Pilot.
Atlantic Immigration Program (AIP).
Canadian Experience Class (CEC).
Federal Skilled Trades Program (FSTP).
Federal Skilled Worker Program (FSWP).
Quebec Skilled Worker Selection Program (PSTQ).
Quebec Investor Program.
Home Child Care Provider Pilot and Home Support Worker Pilot – Direct to PR stream.
A Provincial Nominee Program (PNP).
Rural and Northern Immigration Pilot Program (RNIP).
Start-up Business Class (SUV).
**Eligible permanent residence (PR) pathways include the following:
PNP.
Provincial business candidates or Quebec self-employed applicants approved for a Quebec Selection Certificate (CSQ) seeking eventual PR.
CSQ holders currently living inside or outside of Quebec.
Quebec investors.
Start-up Business Class (SUV).
AIP.
Agri-Food Pilot.
Yukon Community Pilot.
***TEER stands for Training, Education, Experience, and Responsibilities, and is the Canadian federal government’s method of classifying the skill level of an occupation in the National Occupation Classification (NOC), with TEER 0 being the highest skilled and TEER 5 being the lowest skilled.
Scenario 1: Spouse of a foreign worker who applied for PR through an eligible PR pathway.
In this scenario, the spouse or common-law partner of a foreign worker may be eligible for an OWP if all of the following conditions are met.
The foreign worker must:
Hold a valid work permit or have been approved for a work permit.
This may be an employer-specific work permit or an open work permit (OWP) issued under a non-family category;
Ensure that the work permit remains valid for at least six months from the date the family member’s OWP application is received;
Receive or be approved for the work permit based on an application made under an eligible economic class permanent residence program or pilot; and
Live and work in Canada or have a clear intention to do so.
Note: The Francophone Community Immigration Pilot (FCIP) and Rural Community Immigration Pilot (RCIP) are not among the eligible PR pathways under scenario 1. As such, spouses and common-law partners of foreign workers in the FCIP and RCIP are not eligible for a work permit under the above conditions. Instead, they may apply for an OWP directly through FCIP or RCIP.
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Scenario 2: Spouse of a low-skilled (employed, or will be employed, in TEER 4 or 5 occupation) foreign worker on a PR pathway, who has not yet applied for PR.
In the context of scenario 2, being on a pathway to PR means that a foreign worker received a work permit through an eligible PR stream and is building eligibility for that PR pathway under this condition, through their work in Canada.
Spouses or common-law partners of a foreign worker on a PR pathway may be eligible for an OWP provided that the foreign worker meets all of the following conditions:
The foreign worker must have one of the following:
A valid work permit
An approval for a work permit that has not yet been issued
An authorization to work without a work permit
The foreign worker must have valid work authorization in Canada for at least six months from the date the family member’s OWP application is received.
The foreign worker must be on a pathway to PR through one of the eligible streams, but have not applied for PR at the time of application.
Work permit holders under the Agri-Food Pilot
Family members of Agri-Food Pilot applicants may be eligible for an open work permit if the principal applicant meets the five general criteria outlined above and the following two conditions:
The foreign worker holds a Labour Market Impact Assessment (LMIA)-based work permit in either the agriculture stream or the low-wage stream of the Agri-Food Pilot; and
The foreign worker has received an acknowledgment of receipt (AOR) confirming that their PR application is complete.
Work permit holders under a Free Trade Agreement (FTA)
Spouses or common-law partners of certain work permit holders under FTAs may also qualify for an OWP. Eligibility depends on the specific provisions of the FTA being applied under.
If a spouse or common-law partner does not qualify for an open work permit through an FTA, they may still be eligible to apply, given that all the above criteria are met.
Some examples of FTAs that allow spouses of foreign workers to receive work permits include the following:
Canada-UK Trade Continuity Agreement (CUKTCA).
Canada-Colombia Free Trade Agreement (CCOFTA).
Canada-European Union (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).
To learn more about FTAs and their conditions, visit our dedicated webpage.
Ineligible applicants
The following individuals do not qualify under scenario 2:
The foreign worker has made a refugee claim that has been referred to the Immigration Refugee Board.
The foreign worker is subject to an unenforceable removal order.
The foreign worker is an international student participating in a co-op program.
The foreign worker is an international student working off campus without a work permit.
The foreign worker holds a spousal open work permit.
Scenario 3: Spouses of high-skilled (employed, or will be employed, in a TEER 0 or 1 occupation) foreign workers
In this scenario, foreign workers must meet the following conditions to have their spouse or partner be eligible for an OWP:
The foreign worker holds one of the following:
A valid work permit;
An approval for a work permit that has not yet been issued (for example, a port of entry letter of introduction);
An authorization to work without a work permit.
The foreign worker’s work permit or authorization to work must remain valid for at least 16 months after the spouse or common-law partner’s open work permit application is received.
Scenario 4: Spouses of skilled (TEER 2 or 3) foreign workers
In this scenario, foreign workers must meet the following conditions to have their spouse or partner be eligible for an OWP:
The foreign worker is employed, or will be employed, in an occupation on the list of eligible TEER 2 and 3 occupations.
The foreign worker holds one of the following:
A valid work permit;
An approval for a work permit that has not yet been issued (for example, a port of entry letter of introduction); or
An authorization to work without a work permit.
The foreign worker’s work permit or authorization to work must remain valid for at least 16 months after the spouse or common-law partner’s open work permit application is received.
A full list of the selected TEER 2 and 3 occupations can be found in our dedicated article on the topic.
The following foreign workers are not eligible under scenario 4:
The foreign worker has made a refugee claim that was referred to the Immigration Refugee Board.
The foreign worker is subject to an unenforceable removal order.
The foreign worker is an international student who holds a valid study permit.
The foreign worker is an international student working on campus or off campus without a work permit.
The foreign worker is applying for a Post-Graduation Work Permit (PGWP) but has not yet received a positive decision on that application at the time the spousal work permit application is decided.
The foreign worker holds a spousal open work permit.
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