Overview
Spouses and common-law partners of certain foreign workers and international students in Canada may be eligible for an open work permit (OWP) — a work permit with no employer restriction and no requirement for a Labour Market Impact Assessment (LMIA). The eligibility rules differ depending on whether the principal applicant is a foreign worker or a student, and both categories have undergone significant changes since 2024.
The open work permit for spouses is distinct from the OWP available to inland sponsored spouses under the SCLPC class (see the inland spousal sponsorship OWP page). This page covers the OWP for spouses of temporary foreign workers and international students who are in Canada as temporary residents.
Legal basis
- IRPR reg 205(c) — open work permits for spouses of temporary workers and certain students
- IRCC: Open work permits for family members of foreign workers — canada.ca/spouse-owp-workers
- IRCC: Help your spouse or common-law partner work in Canada (students) — canada.ca/student-spouse-work
- IRCC: Changes to open work permit eligibility for family members — canada.ca/owp-family-changes
How it works
Spouses of skilled foreign workers
A spouse or common-law partner is eligible for an open work permit if the principal foreign worker applicant:
- Holds a valid work permit authorising work in a TEER 0 or TEER 1 occupation (management and professional occupations under the NOC); or
- Holds a valid work permit authorising work in a select TEER 2 or TEER 3 occupation that IRCC has designated as eligible for spouse OWPs
The principal worker's work permit must be valid for at least 16 months after the date the spouse's OWP application is received by IRCC. If the worker's permit expires sooner, the spouse is not eligible for an OWP. The 16-month requirement ensures the OWP is not issued for a trivially short remaining period.
For the current list of TEER 2 and 3 occupations that qualify, refer to the IRCC eligibility page — the list may be updated.
Spouses of international students — post January 2025 restriction
Before January 21, 2025, spouses of most international students with a valid study permit were eligible for an OWP. Effective January 21, 2025, IRCC significantly narrowed this eligibility. Spouses of international students can now only obtain an OWP if the student:
- Holds a valid study permit, and
- Is enrolled in a master's degree program of 16 months or longer
Spouses of undergraduate students, college diploma students, and students in master's programs shorter than 16 months are no longer eligible for an OWP through this pathway as of January 21, 2025. This was a significant change that removed OWP eligibility for a large proportion of international student spouses.
Duration of the spouse OWP
The spouse's OWP is typically issued for the same period as the principal applicant's work or study permit. When the principal applicant renews their work or study permit, the spouse must also apply to renew their OWP.
How to apply
Applications for spouse OWPs are submitted online through an IRCC secure account. The applicant must provide proof of their relationship to the principal applicant and evidence of the principal applicant's qualifying work permit or study permit. For the current application process and required documents, refer to the IRCC how to apply page.
Related pages
For current processing times for spouse OWP applications, refer to the IRCC processing times tool.
The January 2025 restriction on student spouses has significantly affected families of international students outside master's programs. Practitioners advising international students and their spouses should check the current eligibility rules carefully — eligibility is determined by the principal applicant's program level and duration, not just by having a study permit.
The TR to PR pathway OWP (with a deadline of December 31, 2026) is a separate and distinct program for persons who applied for permanent residence under a specific temporary public policy in 2021. It is not the same as the spouse OWP covered on this page.