Spousal Open Work Permit in Canada: Who’s Eligible in 2024?

Are You Eligible for a Spousal Open Work Permit (SOWP) in Canada? Here’s What You Need to Know

If your spouse or common-law partner is working in Canada on a valid work permit, you might be wondering if you’re eligible to join them and work in Canada too. The good news? In many situations, you may qualify for a Spousal Open Work Permit (SOWP)—which allows you to work for most employers across the country without needing a job offer in advance.

That said, eligibility isn’t one-size-fits-all. It depends largely on your partner’s job, their immigration status, and a few other key factors. In this guide, we’ll walk you through the main scenarios where spouses and partners of foreign workers may qualify for an SOWP—and what you’ll need to apply.

Key Highlights

• Eligibility for a Spousal Open Work Permit (SOWP) depends on your partner’s job and work permit type.
• High-skilled and low-skilled workers may both qualify—but different rules apply for each.
• Your spouse must have valid work authorization in Canada, typically for at least 6 or 16 months.
• TEER classifications are used to determine the skill level of the foreign worker’s job.
• You must have valid temporary resident status and meet general admissibility requirements.
• Programs like the Manitoba PNP can support eligibility for both the worker and their spouse.

Understanding Spousal Open Work Permits

A Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of certain foreign workers in Canada to work for almost any employer, without needing a Labour Market Impact Assessment (LMIA) or a specific job offer. It gives families the opportunity to stay together and helps spouses gain valuable Canadian work experience.

Whether or not you qualify depends on your partner’s occupation, the type of work permit they hold, and whether they are on a pathway to permanent residency (PR).

General Eligibility Criteria

Regardless of the specific scenario, all applicants for a spousal work permit must meet the following requirements:

• Your spouse or partner must currently be living in Canada, or have clear plans to do so.
• Your spouse must hold valid work authorization through a recognized Canadian immigration route.
• You must be in Canada on valid temporary resident status—or be eligible to restore your status.
• You must convince the immigration officer that you’ll leave Canada when your permit expires.
• You must show you have enough funds to support yourself and any family members during your stay.
• You’re required to follow Canadian laws and must not pose a risk to national security.
• You’ll need a clean criminal record (police certificates may be requested).
• You may need to pass a medical exam, depending on your situation.

Who Qualifies for a Spousal Open Work Permit?

1. Your Spouse Has Applied for PR Under an Eligible Program

If your partner has submitted a permanent residence application through an eligible economic program like the Manitoba PNP, and is working in Canada on a valid permit, you may qualify for an SOWP.

Here’s what needs to be in place:

• Your spouse holds a valid work permit issued due to their PR application.
• Their work permit is valid for at least 6 months from the date you apply.
• They’re living in Canada or have confirmed plans to do so.

Note: Not all pilot programs are eligible. For example, the Francophone Community Immigration Pilot (FCIP) and the Rural Community Immigration Pilot (RCIP) are not included under this scenario. However, those programs may allow spouses to apply under their own criteria.

2. Your Spouse Is in a Low-Skilled TEER 4 or 5 Role on a PR Pathway

Even if your partner hasn’t applied for PR yet, you may still be eligible if they’re working in a lower-skilled role classified under TEER 4 or 5, and on a recognized pathway to permanent residence.

To qualify, your spouse must:

• Hold a valid work permit or have work authorization for at least 6 more months.
• Be actively building eligibility for PR through an approved pathway.

Special Case: Agri-Food Pilot
If your spouse is in Canada under the Agri-Food Pilot program with an LMIA-based work permit, and they’ve received an Acknowledgement of Receipt (AOR) for their PR application, you may also be eligible for an SOWP.

3. Your Spouse Is a High-Skilled Worker in a TEER 0 or 1 Role

If your partner works in a high-skilled role—classified as TEER 0 (management) or TEER 1 (professional occupations)—you may qualify for an SOWP, provided:

• They have valid work authorization for at least 16 more months at the time of your application.
• They are living or planning to live and work in Canada.

4. Your Spouse Works in a TEER 2 or 3 Occupation

Skilled trades and technical roles fall under TEER 2 and 3. If your spouse is working in one of these occupations, you may still qualify for an open work permit—but only if:

• Their job is on the list of eligible TEER 2 and 3 occupations.
• They hold valid work authorization for at least 16 months.
• They are living or planning to live in Canada while working.

Who Doesn’t Qualify?

Even if your spouse is working in Canada, there are a few exceptions. You likely won’t qualify for an SOWP if your spouse:

• Has submitted a refugee claim to the Immigration Refugee Board.
• Is under an unenforceable removal order.
• Is an international student in a co-op program or working off-campus without a permit.
• Holds a spousal open work permit themselves.

What Is TEER, Anyway?

TEER stands for Training, Education, Experience, and Responsibilities. It’s the system Canada uses to categorize jobs under the National Occupation Classification (NOC). TEER 0 jobs are the highest skilled (like executives and managers), while TEER 5 roles are lower-skilled and often require minimal training.

What About Free Trade Agreements (FTAs)?

Some foreign workers are in Canada under free trade agreements, such as the Canada-UK Trade Continuity Agreement or the Comprehensive Economic and Trade Agreement (CETA) with the EU. In these cases, your eligibility for an SOWP depends on the specific terms of the agreement.

If your spouse’s FTA includes provisions for family member work permits—and they meet all general criteria—you may be in luck!

Final Thoughts: Is a Spousal Open Work Permit Right for You?

Canada offers many pathways for families to stay together and thrive. If your partner is a foreign worker here, the spousal open work permit can be a fantastic option to work, gain experience, and build a life together in this beautiful country.

The rules can be a bit complex, but you don’t have to figure it all out alone. Whether you’re applying through a Provincial Nominee Program like the Manitoba PNP or exploring options under a pilot program, getting solid advice can make all the difference.

Ready to take the next step?
Contact us today to learn more about your eligibility or start your spousal work permit application!