"Can my partner work while we're in Canada?" is one of the most common questions from couples navigating the immigration system. The answer used to be a simple yes. As of 2025, it depends on your occupation — and the rules caught many families off guard.
Here's who qualifies for a spousal open work permit in 2026, who doesn't anymore, and the workarounds if you're excluded.
What is a spousal open work permit?
A spousal open work permit (SOWP) lets the spouse or common-law partner of a foreign worker in Canada work for any employer, in any occupation, anywhere in Canada. It's not tied to a specific job — your partner can work wherever they find employment.
It's separate from spousal sponsorship (which is a PR pathway). The SOWP is a temporary work permit that lets your partner work while you're both in Canada on temporary status.
Who qualifies in 2026
Your spouse CAN get a SOWP if you hold a work permit in:
TEER 0 occupations (management): All management positions qualify. Examples: restaurant managers, construction managers, IT managers, financial managers.
TEER 1 occupations (university degree typically required): All TEER 1 positions qualify. Examples: software engineers, accountants, registered nurses, civil engineers, architects.
Select TEER 2 and TEER 3 occupations: IRCC has identified specific TEER 2 and 3 occupations that still qualify. These generally include:
- Trades occupations in high demand (electricians, plumbers, welders)
- Healthcare support roles (licensed practical nurses, paramedics)
- Technical occupations in specific sectors
The exact list of qualifying TEER 2/3 occupations is maintained by IRCC and can change. Check the IRCC website for the current qualifying occupation list.
Your spouse CANNOT get a SOWP if you work in:
Most TEER 4 and TEER 5 occupations: As of January 21, 2025, spouses of workers in lower-skilled occupations (food service, retail, cleaning, general labour) are generally no longer eligible for a SOWP.
This was a major change. Before January 2025, the SOWP was available regardless of the principal worker's occupation. The restriction cut off thousands of families from dual-income status in Canada.
Other SOWP eligibility requirements
Even if your occupation qualifies, several other conditions must be met:
16-month rule: At the time your spouse applies, you must have at least 16 months of valid work authorization remaining. If your work permit expires in 12 months, your spouse's SOWP application will be refused.
Valid status: You must be in valid immigration status in Canada (not maintained status after expiry, except in specific circumstances).
Genuine relationship: IRCC assesses whether the relationship is genuine. Marriage certificates, common-law declarations, and evidence of cohabitation are required.
Your spouse must be in Canada or applying from outside: SOWPs can be applied for from within or outside Canada. Processing times differ significantly.
SOWP for spouses of study permit holders
If your partner holds a study permit (not a work permit), different rules apply:
Your spouse CAN get a SOWP if your partner is:
- Enrolled full-time in a Master's or doctoral program at a public DLI
- Enrolled full-time in certain professional programs (law, medicine, etc.) at eligible institutions
Your spouse CANNOT get a SOWP if your partner is:
- In a Bachelor's degree program
- In a diploma or certificate program
- In a program at a private institution
This is another significant restriction introduced in recent years. Previously, spouses of most post-secondary students could get open work permits.
SOWP through spousal sponsorship (inland)
If your Canadian citizen or PR partner has submitted an inland spousal sponsorship application for you, you can apply for an open work permit while waiting for PR processing. This is a separate pathway from the foreign worker SOWP:
- Your sponsor must be a Canadian citizen or permanent resident
- You must be living with your sponsor in Canada
- Your sponsorship application must have been received by IRCC
- Processing takes approximately 4–6 months for the work permit (while sponsorship takes 12+ months)
This is one of the most valuable immigration benefits — it lets you work legally in Canada for the entire 12+ months while your PR is processing.
Bridging Open Work Permit (BOWP) — the other option
If you've submitted a PR application and your current work permit is expiring, you (not just your spouse) can apply for a Bridging Open Work Permit:
Requirements:
- You have a valid work permit expiring within 4 months (or already expired)
- You've submitted a PR application through Express Entry, PNP, or other economic class
- Your PR application is still in processing
The BOWP keeps you working while waiting for your PR decision. Your spouse can then apply for their own SOWP based on your BOWP, provided your occupation meets the TEER requirements.
How to apply
Step 1: Confirm eligibility
- Verify your NOC code and TEER level
- Confirm you have 16+ months remaining on your work permit
- Gather relationship evidence
Step 2: Prepare documents
Required documents:
- Completed application forms (IMM 5710 or online equivalent)
- Proof of your valid work permit
- Proof of your employment in a qualifying occupation (pay stubs, employer letter confirming NOC code)
- Proof of relationship (marriage certificate, common-law statutory declaration, cohabitation evidence)
- Your spouse's valid passport
- Photos meeting IRCC specifications
- Processing fee ($255 as of 2026)
- Biometrics fee ($85) if not already on file
Step 3: Submit application
From inside Canada: Apply online through your IRCC account. Processing time: typically 2–4 months.
From outside Canada: Apply at a visa office or VAC. Processing time varies by country — can be 2–8 months.
Step 4: Wait for decision
Your spouse should not work until the open work permit is approved (or until they have a valid work permit or maintained status from a previous application).
If you don't qualify: workarounds
If your TEER level is too low for a SOWP:
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Your spouse applies for their own work permit — If your spouse has a job offer, they can apply for their own employer-specific work permit (LMIA-based or LMIA-exempt). This doesn't depend on your occupation.
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Upgrade your job — If you can transition to a TEER 0–1 role with a different employer, your spouse becomes eligible. This may require a new work permit for you as well.
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PR pathway — Once you submit a PR application through any pathway (Express Entry, PNP, TR to PR), your spouse can potentially get a work permit through the inland sponsorship stream (if you're sponsored) or you can get a BOWP (which then enables a SOWP for your spouse).
-
Study permit route — Your spouse could apply for a study permit and work part-time (24 hours/week) while studying. This provides legal work authorization without the SOWP TEER requirement.
The 16-month rule is the most commonly missed requirement. If your work permit has 15 months remaining when your spouse applies, the SOWP will be refused — even if your occupation qualifies. Apply for your spouse's SOWP as early as possible, ideally right after you receive your own work permit. Don't wait until you're close to expiry.
Related guides
- Spousal Sponsorship Guide — PR through spousal sponsorship
- Work Permit Guide — all work permit categories
- LMIA-Exempt Work Permits — alternatives to LMIA
- PGWP to PR 2026 — pathways for PGWP holders and their partners