Understanding Spousal Open Work Permits in Canada: Current Rules and 2025 Changes

Jan 3, 2025

As of January 21, 2025, the landscape for spousal open work permits (SOWPs) in Canada has undergone a significant transformation. Immigration, Refugees and Citizenship Canada (IRCC) has introduced more stringent eligibility criteria, impacting the spouses, common-law partners, and dependent children of many international students and temporary foreign workers. These changes are designed to better align the SOWP program with Canada's labour market needs and the integrity of its immigration programs.


This article provides a comprehensive overview of the current rules for obtaining a spousal open work permit in Canada. It is essential for all potential applicants to familiarize themselves with these new, more detailed regulations to ensure a successful application.


Eligibility for Spouses of International Students


The eligibility for spouses or common-law partners of international students to obtain an open work permit is now primarily limited to those whose sponsoring partner is enrolled in specific graduate or professional degree programs.


To be eligible, the international student must be enrolled in one of the following programs at a Designated Learning Institution (DLI):


  • A master's degree program that is at least 16 months in length.

  • A doctoral degree program.

  • One of the following professional degree programs:

    • Doctor of Dental Surgery (DDS, DMD)

    • Bachelor of Law or Juris Doctor (LLB, JD)

    • Doctor of Medicine (MD)

    • Doctor of Optometry (OD)

    • Pharmacy (PharmD, BSc, Phm)

    • Doctor of Veterinary Medicine (DVM)

    • Bachelor of Science in Nursing (BScN), Bachelor of Nursing (BN), or Bachelor of Nursing Science (BNSc)

    • Bachelor of Education (B.Ed.)

    • Bachelor of Engineering (B.Eng., BE, BASc)


Eligibility for Spouses of Temporary Foreign Workers (Including PGWP Holders)


The rules for spouses of temporary foreign workers are now much more specific, linking eligibility to the worker's occupation and the duration of their work permit.


To be eligible for a SOWP, the principal temporary foreign worker (including Post-Graduation Work Permit holders) must meet both of the following conditions:

  1. Work Permit Validity: Hold a work permit with at least 16 months of validity remaining at the time the SOWP application is submitted.


  2. Eligible Occupation: Be employed in:

    • Any occupation in the National Occupational Classification (NOC) TEER 0 or 1.

    • OR

    • An occupation from a select list of TEER 2 and 3 occupations published by IRCC. These occupations are primarily in high-demand sectors like healthcare, skilled trades, transportation, and natural resources.


Crucially, not all TEER 2 and 3 occupations are eligible. Applicants must verify that the principal worker's job title and NOC code are on the official IRCC list. This list is subject to change based on labour market needs.


Important Note on Dependent Children


A major change effective January 21, 2025, is that dependent children of most temporary foreign workers are no longer eligible to apply for an open work permit under this stream. Eligibility is now almost exclusively limited to spouses and common-law partners.


Key Considerations and Best Practices for a Successful Application


Beyond meeting the strict eligibility rules, prospective applicants should follow these best practices to strengthen their application:


  • Prove Your Relationship is Genuine: IRCC places significant emphasis on the authenticity of your relationship. A marriage or common-law certificate is not enough. Compile a robust package of evidence, including joint bank statements, shared leases or property deeds, photos together over time, and travel itineraries.


  • Verify the TEER 2/3 List: If the principal worker is in a TEER 2 or 3 occupation, do not assume it is eligible. Always cross-reference the NOC code with the official, most current list on the IRCC website before applying.


  • Understand Dual Intent: You must convince the officer that you will respect the temporary nature of your stay. However, it is acceptable to have a future intention of applying for permanent residence. Demonstrating ties to your home country can be beneficial.


  • Apply Online and Pay for Biometrics: Online applications are processed more efficiently. Most applicants will need to provide biometrics (fingerprints and a photo). Complete this step promptly upon receiving the instruction letter to avoid delays.


By understanding these updated, specific regulations and preparing a thorough and well-documented application, you can navigate the Canadian immigration system with confidence. If you need assistance, reach out to us today.


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About the Author


I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 


At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.


Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.


Visit us at www.blacksyimmigration.com to learn more or to start your journey.