Spousal Open Work Permit Lawyers

Spousal Open Work Permits (SOWPs) are a type of open work permit that allow spouses or common law partners of eligible foreign workers or students to work in Canada. The applying spouse does not require a job offer or Labour Market Impact Assessment (LMIA) for their application to be approved.

SOWPs offer financial flexibility for spouses wishing to accompany their partners in Canada and work at the same time. You can often gain Canadian work experience, which can be beneficial for future permanent residence applications. Unlike employer-specific work permits, a spousal open work permit is not dependent on an offer from a Canadian employer. This means the holder may work anywhere for any employer in the country. Normally, a SOWP will be valid for the same duration as the principal partner’s study or work permit.

Who is Eligible for a Spousal Open Work Permit (SOWP)?

Eligibility for a SOWP will depend on the status of the primary applicant (spouse/partner) in Canada. Typically, the following individuals may apply for a SOWP:

1. Spouses or Partners of Work Permit Holders

The principal applicant (spouse) must hold a valid work permit in Canada under one of the following streams:

• LMIA-based work permit
• LMIA-exempt work permit (for example, intra-company transfer, CUSMA, and more)
• Post-Graduate Work Permit (PGWP) that is valid for at least 16 months at the time of the SOWP application
• Select workers in TEER 0,1 or eligible TEER 2 and 3 occupations (such as natural sciences, healthcare, construction, education, and more).

As of January 21st, 2025, there have been changes to eligibility requirements for spousal open work permits. These stipulate that:

• Only spouses of workers in high-demand or government-prioritized TEER 0,1 and select TEER 2 or 3 occupations will qualify.
• The foreign worker must have at least 16 months of validity left on their work permit at the time their spouse applies for their open work permit
• Dependent children of foreign workers will no longer be eligible for a work permit

2. Spouses or Partners of Valid Study Permit Holders

Spouses of full-time international students studying in Canada can apply for a SOWP if their partner is enrolled in:

• A master’s or doctoral program at a recognized Canadian institution that is a minimum of 16 months long
• Certain professional or other eligible programs

Recent changes to open work permit eligibility requirements means that spouses of students currently completing bachelor’s or diploma programs no longer qualify. If you submitted your application for a SOWP before these changes came into effect on January 1st, 2025, you may still be considered eligible.

3. Spouses or Partners Sponsored for Permanent Residence

If a Canadian citizen or permanent resident would like to sponsor their spouse through inland sponsorship, the sponsored spouse may qualify for a SOWP while awaiting PR. This can be beneficial as it allows spouses to work and maintain financial stability while their PR application is processed. To qualify for this type of SOWP, the secondary spouse:

• Must have received an Acknowledgement of Receipt (AOR) for their PR application, submitted through the primary sponsor.
• Must be living in Canada with their sponsor at the time of application.

It is important to note that to apply for SOWP under this category, you must be in a genuine relationship with your sponsor. 

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