Canada offers a welcoming environment for foreign workers and students, extending its support to their families through the provision of open work permits. An open work permit allows your family member to work for any employer in Canada, with few exceptions, such as employers on the ineligible list or those involved in certain adult entertainment services.
What is a spousal open work permit?
A spousal open work permit allows the spouse or common-law partner of a foreign worker or student in Canada to work for any employer without needing a job offer or Labour Market Impact Assessment (LMIA). The only restriction is that the work must not be for an employer listed as ineligible or involved in specific adult services like striptease or erotic massage.
Who can apply?
To qualify as a dependent spouse or common-law partner for an open work permit, the applicant must be in a genuine relationship with the principal foreign national. There are two main categories of eligibility for a spousal open work permit:
Spouses or common-law partners of study permit holders
On April 30, 2024, a significant update to the Immigration and Refugee Protection Regulations (IRPR) was made, enabling the following groups of spouses or common-law partners of full-time students to apply for open work permits:
Graduate Students: Spouses or common-law partners of students in graduate programs (master’s and doctorate).
Pilot Programs: Spouses or common-law partners of students in eligible pilot programs administered by a province or territory.
Professional Degrees: Spouses or common-law partners of students in professional degree programs at universities (e.g., medicine, dentistry, law).
PGWP Extensions: Spouses or common-law partners who hold a valid open work permit and are extending their work permit as the partner of a student in a post-graduation work permit (PGWP) eligible program.
Eligibility for spouses or common-law partners of study permit holders
General requirements for principal foreign nationals ( Main individual in a family applying together for immigration or residency):
Study Permit Validity: Hold a valid study permit or be provisionally approved for one (if applying as a family group outside of Canada)
Residency: Be physically residing in Canada while studying or provide proof of plans to reside in Canada while studying
Program type: Be studying full-time or have proof of enrolment in full-time courses in a graduate program or a professional degree program.
Eligible Graduate programs:
Graduate programs: Master's and doctorate degrees from universities or polytechnic institutions.
Professional degree programs include:
Doctor of Dental Surgery (DDS, DMD)
Bachelor of Law or Juris Doctor (LLB, JD, BCL)
Doctor of Medicine (MD)
Doctor of Optometry (OD)
Pharmacy (PharmD, BS, BSc, BPharm)
Doctor of Veterinary Medicine (DVM)
Bachelor of Science in Nursing (BScN, BSN, BNSc)
Bachelor of Education (BEd)
Bachelor of Engineering (BEng, BE, BASc)
2. Spouses or common-law partners of temporary foreign workers in Canada
Temporary Foreign Workers are foreign workers hired by Canadian employers to fill temporary jobs when qualified Canadians are not available. This includes post-graduate work permit holders, closed work permit holders, and bridging open work permit holders.
You may be eligible to apply for a spousal open work permit under this category if your partner holds a valid work permit in Canada under specific categories, including high-skilled or low-skilled workers, or those who have applied for permanent residence.
Eligibility for family members of foreign workers in Canada
General requirements for the principal foreign worker :
Work Authorization: You must have a valid work permit (with some exceptions), an approval for a work permit not yet issued, or authorization to work without a permit.
Work Permit Validity: Your work permit or authorized work must be valid for at least six months after your family member's open work permit application submission.
Occupation: You must be employed or will be employed in a high-skilled occupation (TEER category 0, 1, 2, or 3) or low-skilled occupation (TEER category 4 or 5) at the time your family member applies.
Residency: You intend to reside or are already residing in Canada while employed.
General Family Member Requirements
Work Permit Eligibility: They must meet the general eligibility requirements for a work permit.
Genuine Relationship: They must be in a genuine relationship with you and be your spouse or common-law partner,.
Status in Canada: If in Canada, they must have valid temporary resident status, have applied to extend their status before it expired (maintained status), or be eligible for restoration of their status as a visitor, worker, or student.
What next?
Imagine the possibilities of exploring a new academic environment or life as a foreign worker while your partner gains valuable Canadian work experience. With careful planning and by ensuring you meet the eligibility requirements, a spousal open work permit can pave the way for a fulfilling and enriching experience in Canada for both partners.
If you are eligible to apply for an SOWP or would like to explore other options to bring your spouse to Canada, Schedule a call with our consultant to explore your options.
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