Open Work Permits for family members of foreign workers
Family members of a foreign workers may be eligible for open work permit if the principal foreign worker is in one of the following situations:
Principal foreign worker is a High skilled worker
spouses or common-law partners of skilled workers coming to Canada or working in Canada may apply for an open work permit without having an offer of employment. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41 if the principal foreign national must, at the time of decision on the family member application, meet all of the following requirements.
The principal foreign national must:
- be authorized to work in Canada by a valid work permit or provisional approval (i.e., the letter of introduction has been issued) for a work permit (employer-specific or open)
OR
working under the authority of section R186 without a work permit
- Your work permit or authorized work must be valid for at least 16 months after we receive your spouse or common law partner’s open work permit application.
- Physically resides or plans to physically reside in Canada while working.
- You’re employed or will be employed in either
- any high-skilled occupation at the Training, Education, Experience and Responsibilities (TEER) category 0 (management) or 1 (professional) level of the National Occupation Classification system at the time your spouse or common-law partner submits their application, or
- a select high-skilled occupation at the Training, Education, Experience and Responsibilities (TEER) category 2 or category 3 of the National Occupation Classification system at the time your spouse or common-law partner submits their application
- Eligible Occupations list can be found at the following link
Eligible High-skilled occupations in TEER 2
Eligible High-skilled occupations in TEER 3
- be in one of the following situations:
- be in a genuine relationship with the applicant as a spouse or common-law partner
- be the parent of the applicant who is a dependent child.
- Applicants who are in Canada at the time of submission must
- have a valid temporary resident status or be eligible for restoration of status as a temporary resident
- be eligible to apply for a work permit from within Canada
Principal foreign worker have applied for permanent residence through an economic immigration program or pilot listed below:
- Agri-Food Pilot
- Atlantic Immigration Program
- Canadian experience class
- caring for children class or caring for people with high medical needs class
- federal skilled trades class
- federal skilled worker class
- holders of a Quebec Selection Certificate (CSQ) who applied for PR including
- Quebec skilled worker class
- Quebec investors program
- Home Child Care Provider Pilot and Home Support Worker Pilot – Direct to PR stream
- Provincial Nominee Program
- Rural and Northern Immigration Pilot Program
- start-up business class
The principal applicant must meet 4 requirements:
To be eligible to support a family member’s open work permit application, the principal foreign worker must meet all four of the following requirements:
Valid Work Permit
You must currently hold a valid work permit or have been approved for a work permit (either employer-specific or an open work permit issued under a non-family member category).
Work Permit Validity
Your work permit must be valid for at least 6 months at the time Immigration, Refugees and Citizenship Canada (IRCC) receives your family member’s open work permit application.
Residency and Employment in Canada
You must live and work in Canada, or provide evidence that you plan to live and work in Canada.
Economic Class Pathway
Your work permit must have been issued or approved as a result of applying for an economic class permanent residence program or pilot, such as the Express Entry system or a designated immigration pilot program.
Spouses or common-law partners of full-time students [C42]
Spouses or common-law partners of international students currently studying in Canada may apply for an open work permit.
***As of January 21, 2025, significant changes have been implemented regarding the eligibility of spouses and common-law partners of full-time international students for open work permits under Labour Market Impact Assessment (LMIA) exemption code C42. These adjustments are part of Canada’s ongoing efforts to refine the International Student Program.
A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C42 if their spouse/common law partner is a study permit holder and enrolled in one of the following programs:
- Doctoral (PhD) programs
- Master’s degree programs lasting 16 months or longer
- Participating in an eligible program
- 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, 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)
Validity
Work permits may be issued with a validity date to coincide with the spouse’s study permit.
Who’s not eligible for open work permit at this time
Family members aren’t eligible for the open work permit if any of the following situations applies:
- If the Principal Foreign National holds a work permit under the low-wage stream of the Temporary Foreign Worker Program.
- If the Principal Foreign National holds a work permit under the Seasonal Agricultural Worker Program.
- If the Principal Foreign National holds a work permit under the agricultural stream of the Temporary Foreign Worker Program.
- If the family member has made a refugee claim that was referred to the Immigration Refugee Board.
- If the family member is subject to an unenforceable removal order.
- If the family member is an international student who’s working in a co-op program.
- If the family member is an international student working off-campus without a work permit.
- Spouses or common-law partners of students enrolled in Undergraduate programs, Diploma or certificate programs or master’s programs lasting less than 16 months, are no longer eligible for an open work permit under C42.
- If the family member is applying for a PGWP but has not received a positive decision on the PGWP at the time the decision on your family member’s application is made.
Spouses or common-law partners under inland spousal sponsorship
Spouses or common-law partners who are part of an inland spousal sponsorship application in Canada may be eligible for an open work permit. In the context of inland spousal sponsorship, where a Canadian citizen or permanent resident sponsors their spouse or common-law partner ( with a temporary resident status as a visitor, student, or worker) for permanent residency while both individuals are already in Canada, the open work permit allows the sponsored spouse or common-law partner to work in Canada while their application for permanent residency is being processed.
There is no need for an offer of employment before issuing a work permit.
Who can apply
You can apply for an open work permit if you’re one of the following:
- a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence
- an accompanying dependent child of the principal applicant
There are additional categories through which spouses or common-law partners can apply for an open work permit, based on the immigration status of their spouse or common-law partner. These categories encompass:
- those who are refugee claimants,
- the spouses or common-law partners of bridging permit holders,
- individuals involved in the Home Childcare Provider Pilot or Home Support Worker Pilot,
- spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province
- spouses or common-law partners of participants in pilot programs
- applicants under some other categories might be eligible for open work permits
It’s important to note that each case is unique. Therefore, we encourage you to reach out to us for a discussion regarding your specific circumstances. We will provide advice tailored to your eligibility.
How IMC Immigration Can Help in getting spousal open work permits?
Navigating open work permit options for family members of foreign workers can be complex—especially with Canada’s changing policies. IMC Immigration offers personalized support to assess your eligibility based on your spouse or partner’s status—whether they’re a skilled worker, international student, or permanent residence applicant.
We help identify the right LMIA exemption category (C41, C42, etc.), ensure all eligibility criteria are met, and assist with accurate, timely application submissions. From verifying program eligibility under new rules to preparing supporting documentation, our team is committed to helping your family reunite and thrive in Canada. Let us guide you every step of the way.
Contact Us to discuss your options