Spousal open work permit

Who may be concerned?

Under the rules published by IRCC, including:

• the spouse or common-law partner of a foreign worker in a TEER 0 or 1 occupation, or certain TEER 2 or 3 occupations on IRCC's list of occupations;
• whose work permit remains valid for at least 16 months after your application is received (6 months if the worker has applied for permanent residence under certain pathways);
• certain particular situations set out by IRCC, for example a permanent residence pathway or a PSTQ process in Québec.

The rules change: they are checked when you start. Dependent children can no longer submit a new application under this category. For the spouse of a student, separate rules apply, in particular for certain master's programs (16 months or longer), doctoral programs or eligible professional programs.

Married spouse or common-law partner

IRCC recognizes married spouses and common-law partners. In both cases, you need to show a genuine relationship: a marriage certificate, or a statutory declaration of common-law union (form IMM 5409) for a common-law partner.

From inside Canada or from abroad

The application can be submitted from inside or outside Canada. If you are in Canada, you must have valid temporary status, have applied for an extension in time (maintained status) or be eligible for restoration of status.

How we can help

Pro Immigration can help you:

• review your situation and your eligibility;
• check the principal worker's position (TEER category) and the remaining length of their permit;
• check the principal applicant's documents;
• prepare the forms and supporting documents;
• file the application;
• follow the file through to a decision.

We cannot guarantee eligibility or approval: the decision rests with IRCC.

Documents to prepare

Depending on your situation:

• proof of your relationship: marriage certificate or declaration of common-law union;
• proof that the principal worker is authorized to work in Canada;
• a letter from the employer describing the position, useful to establish the TEER category;
• a valid passport;
• other documents depending on your file.

After the application

The length of the permit depends on that of the principal worker's permit and on the validity of your passport. If the worker's permit is extended, an extension of yours may be needed: see work permit extension.

Frequently asked questions (FAQ)

My spouse works in a TEER 2 or 3 position: can I apply for an open work permit?

Only if the position is among the TEER 2 or 3 occupations accepted by IRCC. A review of the position is therefore needed.

How much time must the worker's permit have left?

In general, at least 16 months after the application is received, and 6 months under certain permanent residence pathways.

Can dependent children get an open work permit?

No, not under this category for new applications. Each province's or territory's labour laws also govern their work.

Can the application be submitted from abroad?

Yes, the application can be submitted from inside or outside Canada, depending on the status conditions.