Who Can Get a Work Permit as the Spouse of a Foreign Worker in Canada?

If you are the spouse or common-law partner of a foreign worker in Canada, you may be eligible for a Spousal Open Work Permit (SOWP). This permit allows you to work for almost any employer in Canada. However, eligibility depends on your spouse’s situation and the type of work they are doing in Canada.

General Eligibility Requirements

Before diving into specific scenarios, here are the basic rules:

• The foreign worker must have valid work authorization and be living in Canada (or planning to live in Canada).
• The spouse or partner applying for the SOWP must:
• Have valid temporary resident status (or be able to restore it).
• Show they will leave Canada once their permit expires.
• Have enough funds to support themselves and their family during their stay.
• Obey Canadian laws and provide a police certificate if required.
• Be in good health and take a medical exam if asked.
• Not work for ineligible employers (e.g., those violating program rules or involved in adult services).
  
  

A spouse means someone legally married anywhere in the world. A common-law partner means living together in a committed relationship for at least 12 months.

Scenarios Where Spouses Can Get a Work Permit

1. Spouse of a Worker Who Has Applied for PR

If your spouse has applied for permanent residence (PR) under an eligible program or pilot, you may qualify if:

• They hold a valid work permit (or approval) linked to the PR application.
• The permit is valid for at least 6 months when you apply.
• They live and work in Canada, or plan to do so.
  
  

Eligible PR programs include: Canadian Experience Class, Federal Skilled Worker Program, Federal Skilled Trades Program, Atlantic Immigration Program, Provincial Nominee Programs, Agri-Food Pilot, Start-Up Visa, Quebec programs, and more.

2. Spouse of a Low-Skilled Worker on a PR Pathway

If your spouse works in a TEER 4 or 5 occupation and is on a pathway to PR (but hasn’t applied yet), you may qualify if:

• They have valid work authorization for at least 6 months when you apply.
• Their work permit was issued through an eligible PR stream (such as PNP, Agri-Food Pilot, or AIP).
  
  

Special note: Family members of Agri-Food Pilot workers may be eligible if the worker has a valid LMIA-based work permit and an AOR confirming their PR application is complete.

3. Spouse of a High-Skilled Worker (TEER 0 or 1)

If your spouse is employed in a TEER 0 or 1 occupation:

• Their work permit (or authorization) must be valid for at least 16 months at the time of your application.
• They must live in Canada or plan to do so.
  
  

4. Spouse of a Skilled Worker (TEER 2 or 3)

If your spouse is employed in an eligible TEER 2 or 3 occupation:

• Their work authorization must be valid for at least 16 months at the time of your application.
• The job must be on the government’s list of eligible TEER 2 or 3 occupations.
  
  

Spouses of Foreign Workers Under Free Trade Agreements

Some Free Trade Agreements (FTAs) also allow spouses to apply for an open work permit. Eligibility depends on the agreement. Examples include:

• Canada-UK Trade Continuity Agreement
• Canada-EU CETA
• Canada-Korea FTA
• Canada-Ukraine FTA
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
  
  

Who Is Not Eligible?

You cannot apply for a SOWP if your spouse:

• Has made a refugee claim referred to the Immigration Refugee Board.
• Is subject to a removal order.
• Is an international student in a co-op program or working off-campus without a permit.
• Holds a spousal open work permit themselves.
• Is waiting for approval of a Post-Graduation Work Permit (PGWP).
  
  

Final Thoughts

A spousal open work permit can be a great opportunity to work in Canada while your partner builds their career or applies for permanent residency. However, eligibility depends on your spouse’s job type, work permit validity, and whether they are on a PR pathway.