Spousal Open Work Permit (SOWP) is a type of work permit issued by Immigration, Refugees and Citizenship Canada (IRCC) to the spouses or common-law partners of certain temporary residents, permanent residents, or Canadian citizens. This type of work permit allows the holder to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA).

22 Jan 2024 update on SOWP (Spousal Open Work Permit) for spouse of an international student, for more details please visit: https://twaimmigration.com/news/canada-to-implement-a-2-year-cap-on-new-international-student-permit/ 

Spousal Open Work Permit (SOWP): Eligibility

If you meet one of the following eligibility, you may be eligible to apply for the Spousal Open Work Permit in Canada:

• You are the spouse or common-law partner of a Canadian citizen or permanent resident
• You are the spouse or common-law partner of someone who applied for permanent residence
• You are the spouse or common-law partner of a low- or high-skilled worker
• You are the spouse or common-law partner of an international student
  *OWP will soon be restricted to spouses of international students enrolled in master’s and doctoral programs, excluding spouses of students at other study levels.
  (Visit here to learn more about the new requirements for spouses of international students applying for the SOWP.)
• You are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or Atlantic Immigration Program
• You are the spouse or common-law partner of a refugee, refugee claimant, or protected person

We will explain the 4 most popular options of the SOWP application in this article. 

It is important to note that eligibility requirements may vary based on individual circumstances, and additional documents may be required to support the application. It is recommended to consult with a qualified immigration lawyer or consultant for further guidance.

 

Spouse or Common-Law Partner of a Canadian Citizen or Permanent Resident

In Canada, a spouse or common-law partner of a Canadian citizen or permanent resident can apply for an Open Work Permit. To be eligible, the applicant must meet the following criteria:

• Be the spouse or common-law partner of a Canadian citizen or permanent resident;
• Have a valid temporary resident status in Canada as a visitor, student, or worker;
• Have an application for permanent residence in Canada being processed under one of the following categories: Spouse or Common-Law Partner in Canada Class, or Spouse or Common-Law Partner Outside Canada Class;
• Be living at the same address as the sponsor.

Under the inland sponsorship category, the foreign spouse/common-law partner must hold valid temporary status in Canada, either as a worker, student, or visitor. If the sponsored person already has a work or study permit, he or she may continue to work or study as long as the permit is valid, however, it is important to note that working and studying in Canada without valid status is illegal and may result in serious consequences for the sponsored person.

 

Spouse or Common-Law Partner of Someone Who Applied for PR

To work in Canada as a spouse or common-law partner who is included in an application for permanent residency, a work permit is required. 

If the application is complete or has received a positive eligibility assessment and falls under one of the following programs, the spouse or common-law partner may be eligible for an open work permit.

• Federal Skilled Worker, 
• Canadian Experience Class, 
• Provincial Nominee Program, 
• Federal Skilled Trades, 
• Quebec-selected Skilled Workers, 
• Caring for Children or Caring for People with High Medical Needs Class, or 
• Agri-Food Pilot

Moreover, if the spouse or common-law partner is included on an application based on humanitarian and compassionate grounds and it has been approved in principle, they may also be eligible. Meeting the general eligibility requirements for a work permit is also necessary. 

 

Spouse or Common-Law Partner of International Student

If you are the spouse or common-law partner of an international student who is temporarily studying in Canada, you will require a work permit to work in the country. 

However, you may be eligible for an open work permit if you are the spouse or common-law partner of a foreign student enrolled in a program that is eligible for the post-graduation work permit. The study program can be conducted at a public post-secondary school such as a college, university, or collège d’enseignement général et professionnel (CEGEP) in Quebec. 

It is important to note that the duration of your work permit cannot exceed that of your spouse’s or common-law partner’s study permit. Additionally, you must meet the general eligibility requirements for a work permit.

 

Spouse or Common-Law Partner of Foreign Worker

If you are the spouse or common-law partner of a foreign worker who is working temporarily in Canada, you will require a work permit to work in the country. However, you may be eligible for an open work permit if you fall under the following categories:

• The principal foreign worker is employed in an occupation classified under Training, Education, Experience, and Responsibilities (TEER) categories 0, 1, 2, 3, 4, or 5 of the National Occupational Classification (NOC) system and is authorized to work for at least 6 months after you apply for your work permit.
• You are the spouse or common-law partner of an Economic Class permanent resident work permit holder, such as someone accepted through the Atlantic Immigration Program, a Quebec Selection Certificate holder who is eligible for the International Mobility Program Plus.
• You are the spouse or common-law partner of a foreign representative.
• You are the spouse or common-law partner of a foreign military member who is working in Canada.

To be eligible for the open work permit, you must also have a genuine relationship with the person who makes you eligible, and meet the general eligibility requirements for a work permit. 

Furthermore, if the principal foreign worker holds an open work permit, such as a post-graduation work permit, you may need to include specific documents in your application depending on the worker’s type.

 

Spousal Open Work Permit: FAQs

Who is eligible for SOWP Canada?

Spouses or common-law partners of certain Canadian temporary residents, permanent residents, or citizens may be eligible to apply for the SOWP. A detailed explanation can be found above.

 

How long is Spouse Open Work Permit valid in Canada?

Typically, the individual applying for a work permit or extension will have a greater responsibility to demonstrate their temporary purpose when the duration of their temporary stay is longer.

If the applicant requires a temporary resident visa to enter Canada, the validity of the SOWP should be the same as the temporary resident visa.