Spouse Open Work Permit

Eligibility for an open work permit if your spouse is working or studying in Canada or if you’re sponsored for permanent residence by your spouse. The eligibility and application process for a spousal open work permit depend on the applicant’s status and the stage of their permanent residency application.

Eligibility Requirements:

• Criteria include a genuine relationship with a qualifying foreign national, eligibility as a spouse, and no criminal or medical inadmissibility. Additional criteria vary by SOWP category.
• The eligibility and application process for a spousal open work permit depend on the applicant’s status and the stage of their permanent residency application as described below:

Sr No	Category	Principal Applicant’s	Requirement
1	Spouses or common-law partners of study permit holders	Studying in Masters or Doctorate or Professional Programs	Degree Program
2	Spouses or common-law partners of open work permit holders other than BOWP (incl. PGWP, IEC)	TEER 0, 1, 2 or 3	Check wage requirement
3	Spouses or common-law partners of bridging open work permit (BOWP) holdersn	As per the principal applicant’s program applied	Min. 6 months work permit duration
4	In Canada spousal/common-law sponsorship applicants	Can be applied along with spousal sponsorship application by the person to be sponsored
5	Spouses or common-law partners of provincial nominees	Any occupational skill level	Min. 6 months work permit duration
6	Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders	TEER 0, 1, 2 or 3	Min. 6 months work permit duration
7	Spouses or common-law partners of Quebec selection certificate (CSQ) holders	Any occupational skill level	Min. 6 months work permit duration

Note: Open Work Permit for Spouses or Common-Law Partners of International Students: Starting April 30, 2024

Starting April 30, 2024, if your spouse or common-law partner is applying for an open work permit, they may be eligible under specific conditions. Below are the key criteria:

Eligibility Criteria

Your spouse or common-law partner can apply for an open work permit if:

• You hold a valid study permit.
• You are enrolled in one of the following programs:

1. Master’s program of at least 16 months or Doctoral Degree Programs
2. Professional Degree Programs at a university, including:
   • 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)
   • Bachelor of Nursing Science (BNSc)
   • Bachelor of Nursing (BN)
   • Bachelor of Education (BEd)
   • Bachelor of Engineering (BEng, BE, BASc)

3. Eligible Pilot Programs

Depending on the province or territory, the following pilot programs apply:

• Outside of Québec: Francophone Minority Communities Student Pilot.
• In Québec: The Recognition of Competencies Project for Internationally Recruited Nurses (Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recruté-e-s à l’international).

Required Documentation

Your spouse or common-law partner must submit one of the following documents to prove your enrollment in a program of study:

• A valid letter of acceptance from your designated learning institution (DLI).
• A proof of enrollment letter from your DLI.
• Transcripts from your current program.

Processing Time for all above Categories:

• The processing time for a spousal open work permit depends on the spouse’s permit type. Check the approximate processing time on Canada’s dedicated webpage.

Extension and Validity

• A SOWP is tied to the spouse’s permit and is valid as long as the lead applicant’s permit. It cannot be renewed; reapplication is necessary.

Duration of Validity:

• Aligned with the lead applicant’s permit; will not extend beyond the passport’s validity.

Work Anywhere in Canada:

• Holders can work anywhere in Canada for any employer with limited restrictions.

Medical Exam Requirement:

• A medical exam might be necessary, either taken upfront or after receiving a request from IRCC.

Proof of Funds:

• Applicants should demonstrate sufficient funds for their stay in Canada to avoid potential refusal.

Renewal:

• Spousal open work permits cannot be renewed. If expired, reapplication is possible if the spouse or partner has eligible status in Canada.

Transition to PR:

• Multiple options exist for transitioning from a spousal open permit to permanent residence, with a detailed evaluation available through an online assessment.

Reasons for Refusal:

• Common reasons include insufficient proof of the relationship, issues with the principal applicant’s status, financial concerns, and more.

Staying in Canada During Processing:

• If on maintained status, individuals can remain in Canada without a valid permit while awaiting a decision on the spousal open work permit application.

Reasons for Rejection:

• Common reasons include the spouse living outside Canada, lack of evidence for attending a Designated Learning Institute (DLI), financial inadequacy, missing employment proof, weak ties to the home country, and insufficient proof of a genuine relationship.

FAQs

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