Spousal Open Work Permit

Spousal Open Work Permit

For spouses and common-law partners of certain temporary residents, Canada offers the Spousal Open Work Permit (SOWP), allowing them to work for any employer while their partner studies or works in Canada. This initiative not only supports family reunification but also enables spouses to contribute to the Canadian economy and gain valuable work experience.

Who is eligible for a Spousal Open Work Permit?

The eligibility criteria for a Spousal Open Work Permit vary based on the status of the principal applicant, whether they are a foreign worker, international student, or an applicant for permanent residence.

1. Spouses of Skilled Foreign Workers:

Your spouse may qualify for an open work permit if:

  •  You hold a valid work permit that is still valid for at least six months at the time of application.
  •  You are working in a high-skilled occupation (TEER 0, 1, or certain TEER 2 and 3 jobs under the National Occupation Classification).
  •  You have an active employment contract in Canada and intend to continue working.

Recent Changes (Effective January 21, 2025):

  • Spouses of low-skilled workers (TEER 4 and 5) are no longer eligible for an open work permit.
  • The foreign worker’s permit must have at least 16 months of validity remaining at the time of the application.

2. Spouses of International Students:

Your spouse may be eligible for a work permit if you are studying in Canada and enrolled in:

  •  A Master’s or PhD program of at least 16 months.
  •  A professional degree program, such as Medicine (MD), Law (JD), Pharmacy (PharmD), Nursing (BScN), or Engineering (BEng).

Recent Changes:

  • Spouses of students in undergraduate, diploma, or certificate programs are no longer eligible for an SOWP.

3. Spouses of Permanent Residence Applicants:

If your spouse is applying for permanent residence under the Spouse or Common-Law Partner in Canada Class, they may qualify for an SOWP as long as their PR application is being processed and they have an Acknowledgement of Receipt (AOR) from Immigration, Refugees and Citizenship Canada (IRCC).

How to apply for a Spousal Open Work Permit?

Submit an online application through the IRCC portal:

  •  Provide proof of relationship (marriage certificate or proof of common-law status).
  •  Include the principal applicant’s valid work or study permit.
  •  If applying under spousal sponsorship, attach the PR application AOR letter.

What if you are ineligible?

If your spouse does not meet the new eligibility requirements, alternative options such as a closed work permit with an LMIA or applying for permanent residence through Express Entry or a Provincial Nominee Program (PNP) may be available.

What are the legal challenges and recent case laws regarding spousal open work permits?

Due to the January 2025 policy changes, many previously eligible applicants may face refusals. Recent case law, such as Vahdad v. Canada (2024 FC 2009), clarifies that spousal open work permit applicants must prove their partner’s employment with a Canadian company but do not need to prove the company is actively doing business. This highlights the importance of proper documentation in an application.

How can Kahlon Law Office assist you with your application?

Navigating Canada’s changing immigration policies can be complex. At Kahlon Law Office, we provide expert legal guidance to ensure your Spousal Open Work Permit application is complete, accurate, and successful. Contact us today for a consultation and take the first step towards securing your work permit in Canada.