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Spousal Open Work Permit

IMC Immigration  /  WORK PERMITS  /  Spousal Open Work Permit

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

  • be authorized (i.e., the work permit issued) or be provisionally approved (i.e., the letter of introduction was issued) to work in Canada for a period of at least 6 months or longer afterthe receipt date of the family member’s open work permit (OWP) application.
  • be employed in a high-skilled occupation that falls within National Occupational Classification (NOC) TEER 0,1,2,3.
  • Physically resides or plans to physically reside in Canada while working.
  • be in one of the following situations:
  1. be in a genuine relationship with the applicant as a spouse or common-law partner
  2. be the parent of the applicant who is a dependent child.
  • Applicants who are in Canada at the time of submission must
  1. have a valid temporary resident status or be eligible for restoration of status as a temporary resident
  2. be eligible to apply for a work permit from within Canada

Principal foreign worker is a Low skilled worker

Spouses or common-law partners of low skilled workers coming to Canada or working in Canada may apply for an open work permit without having an offer of employment.

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:

  1. 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

  1. be authorized (i.e., the work permit issued) or be provisionally approved (i.e., the letter of introduction was issued) to work in Canada for a period of at least 6 months or longer afterthe receipt date of the family member’s open work permit (OWP) application.
  2. be employed in a low-skilled occupation that falls within National Occupational Classification (NOC) TEER 4 or 5. Note: if the principal foreign national holds a work permit under the low-wage stream of the Temporary Foreign Worker Program, family members may not be eligible to apply for an open work permit.
  3. Physically resides or plans to physically reside in Canada while working.
  • be in one of the following situations:
  1. be in a genuine relationship with the applicant as a spouse or common-law partner
  2. be the parent of the applicant who is a dependent child.

Principal Foreign Worker is a work permit holder under the Agri-Food Pilot

Family members of the Work permit holders under the Agri-Food Pilot are eligible to apply for an open work permit if the principal foreign worker meets the 4 criteria listed above for low-skilled workers, and both of the following:

  • You have a labour market impact assessment (LMIA)-based work permit in the agriculture or low-wage stream of the Agri-Food Pilot.
  • If the family member received an acknowledgment of receipt letter from us confirming that your application for permanent residence is complete.

Principal Foreign Worker is a work permit holder who has applied for permanent residence through an economic immigration program

Family members of the work permit holders who has applied for permanent residence through an economic immigration program are eligible to apply for an open work permit if the principal foreign worker meets all the following:

  •  holds a valid work permit or are approved for a work permit (employer-specific or open under a non-family category).
  • work permit must be valid in Canada for at least 6 months after we receive family member’s open work permit application.
  • live and work in Canada or plan to live and work in Canada.
  • work permit was issued or approved because he has applied for any of the following economic class permanent residence programs:
  • Agri-Food Pilot
  • Atlantic Immigration Program
  • Canadian experience class
  • Caring for children class or caring for people with high medical needs class (before June 18, 2019)
  • Federal skilled trades class
  • Federal skilled worker class
  • Holders of a Quebec Selection Certificate (CSQ) who applied for permanent residence while their CSQ is still valid
  • Home Child-Care Provider Pilot and Home Support Worker Pilot (applicants who met the 12-month work experience requirement)
  • Provincial Nominee Program
  • Quebec skilled trades class
  • Quebec skilled worker class
  • Rural and Northern Immigration Pilot Program
  • Start-up business class

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. 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 meets all of the following:

  • Is a full-time student at:
  • A public post-secondary institution, such as A college / trade/technical school / university / CEGEP in Quebec.
  • A private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec.
  • A private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization.
  • A Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s, or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.
  • hold a valid study permit.
  • is studying on a full-time basis in full-time courses, at a designated learning institution.
  • is physically residing or plans to physically reside in Canada while studying.

There is no need for an offer of employment before issuing a work permit.

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.
  • 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.

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.