Canada Spousal Open Work Permit: All You Need to Know

Spouses or common-law partners may be eligible to make an application for an open work permit using the programs listed below:

• Spouses or common-law partners of skilled employees (C41)
• Spouses or common-law partners of students studying full-time (C42)
• Spouses or common-law partners under inland spousal sponsorship

Spouses or Common-law Partners of Skilled Employees (C41)

Spouses or common-law partners of skilled employees moving to Canada or employed in Canada may only apply for an open work permit if they provide a job offer letter. A spouse or common-law partner who is dependent is qualified to make an application for an open work permit under LMIA (Labour Market Impact Assessment) exclusion code C41 if the main international employee:

• Has a work permit that is authentic for six months, or if operating under the administration of section R186 without a work permit, submits proof that they will be operating for at least six months.
• Is hired in a profession that dwells within National Occupational Classification skill type 0, A, or B.
• Lives or intends to live in Canada while employed.

Certain Qualification Conditions for Various Programs

Spouses or Common-law Partners of Atlantic Immigration Pilot Work Permit Holders

The spouses or common-law partners may apply for an open work permit if their partners are partaking in Atlantic Immigration Pilot and are hired in a National Occupational Classification skill type 0, A, B, or C role.

Spouses or Common-law Partners Of BOWP Holders

If the main international employee has acquired a bridging open work permit, the qualification conditions below may be applied:

• The main international employee’s work permit must be authentic for six months or more.
• The spouses or common-law partners candidates for the federal skilled worker class, the bridging open work permit holder is required to execute work that aligns with NOC skill type 0, A, or B.
• Spouses or common-law partners of provincial nominee class candidates may be eligible for an open work permit regardless of the level of skill of the primary provincial nominee class candidates’s profession.
• For spouses and common-law partner candidates for the federal skilled trades class, the bridging open work permit holder must execute a job in line with one of the skilled trade professions in NOC B.
• For spouses or common-law partners of Canadian Experience Class candidates, there are no placed pre-requirements to be satisfied by the primary Canadian Experience Class candidate.
• For spouses and partners of caregiver candidates, which is a request for PR under the caring for kids class or caring for individuals with high medical requirements category obtained before 18th June 2019, the Bridging Open Work Permit holder is required to be executing work within one of the eligible professions in National Occupational Classification 0, A or B.
• For spouses or common-law partners of Agri-Food Pilot candidates, the Bridging Open Work Permit holder must execute work at the status that dwells within NOC 0, a, or B.

Spouses or Common-law Partners of Open Work Permit Holders

If the main international employee is the possessor of an open work permit, for instance, a PGWP or a working holiday work permit, the person must be hired in a skilled profession NOC 0, A, or B.

Spouses or Common-law Partners or Provincial Nominee Work Permit Holders

Spouses or common-law partners or work permit possessors who have been appointed for PR by a region are entitled to open work permits for the period of the work permit of the regional nominee’s main candidate or until the spouse or common-law partner’s passport or travel papers expire, anyone that comes earlier, regardless of the skill status of the primary candidate’s profession.

Spouses or Common-law Partners of Full-time Students

Spouses or common-law partners of international students in Canada may apply for an open work permit. A spouse or common-law partner who is dependent is qualified to make an application for an open work permit using LMIA exclusion code C42 if their partner is a holder of a study permit and is a full-time student at:

• A public post-secondary school includes a technical institution, college, university, or CEGEP in Quebec.
• A private post-secondary school that functions under the same laws and guidelines as a public post-secondary school in Quebec.
• A private or public secondary or post-secondary school in Quebec provides eligible courses of 900 hours or more, resulting in a diploma of professional studies or a confirmation of professional specialization.
• A private school in Canada endorsed by regional statute to confer programs, for instance, a bachelor’s program, doctorate, or master’s program, but only if the student is registered in one of the courses of study resulting in a degree, as endorsed by the region and not in just any course of study provided by the private school.

Spouses or common-law partners of full-time students are qualified for open or restricted work permits based on whether a medical test has been merited. There is no point in an employment offer letter before providing a work permit.

Authenticity

Work permits may be provided with an authenticity date to align with the partner’s study permit.

Spouses or Common-law Partners Under Inland Spousal Sponsorship

Open work permits using this program are restricted to candidates residing in Canada who have made an application under the spouse or common-law partner in Canada category and who possess temporary resident status or are qualified to retain their temporary resident status either as a visitor, employee or student and reside at the same address as their sponsor. An open work permit authorizes spouses or common-law partners to get employed in Canada while their PR application is processed.

• The open work permit, sponsorship, and PR requests may be presented simultaneously if you still need to submit your sponsorship request. The request is required to be delivered to the Case Processing Center in Mississauga, Ontario.
• Open work permit via paper application may be presented to the Case Processing Center in Vegreville, Alberta if your PR request is presented but has yet to obtain authorization in principle.
• Open work permit applications, online or paper-based, may be presented to the Case Processing Center in Vegreville, Alberta if your PR request has been endorsed in principle.