Canada remains one of the most popular destinations for international students, skilled workers, and families seeking better opportunities. But for many, being apart from their spouse or partner while studying or working in Canada can be challenging. To help families stay together, Canada offers the Spousal Open Work Permit (SOWP) — a program that allows the spouse or common-law partner of a student, worker, or PR applicant to live and work in Canada.

As of January 2025, the Canadian government introduced new rules that impact eligibility for SOWPs. This guide covers everything you need to know about eligibility, documents, process, fees, timelines, and the latest updates for 2025.

What is a Spousal Open Work Permit in Canada?

A Spousal Open Work Permit is a type of work permit that allows the spouse or common-law partner of an eligible individual to work for any employer in Canada. Unlike employer-specific permits, it does not require a job offer or Labour Market Impact Assessment (LMIA).

Key Benefits:

  • Work for any employer in Canada (except restricted industries).
  • Gain Canadian work experience, which may count towards permanent residency (PR).
  • Stay with your spouse or partner while they study, work, or apply for PR.

Who is Eligible for a Spousal Open Work Permit in 2025?

A. Spouses of International Students

Effective January 21, 2025, only spouses of certain international students are eligible:

  • Students enrolled in Master’s or Doctoral programs (at least 16 months in duration).
  • Students in specific professional programs, such as medicine, dentistry, law, pharmacy, and nursing.
  • The student must be a full-time student at a Designated Learning Institution (DLI) with a valid study permit.

 Spouses of undergraduate or short-term diploma/certificate students are no longer eligible.

B. Spouses of Skilled Workers

Spouses of foreign workers may qualify if:

  • The principal spouse holds a valid work permit in a high-skilled occupation (TEER 0, 1, 2, or some TEER 3 jobs under the NOC system).
  • The principal’s work permit is valid for at least 16 months at the time of application.
  • The job must fall under an eligible occupation list recognised by IRCC.

C. Spouses Being Sponsored for PR (Inland Sponsorship)

If you are being sponsored for permanent residence by your spouse or partner in Canada, you may apply for a Spousal Open Work Permit while your PR application is being processed.

Eligibility includes:

  • Living with your sponsor in Canada.
  • Having an Acknowledgement of Receipt (AOR) for your PR application.
  • Being included as the principal applicant in the sponsorship application.

D. Who is Not Eligible (2025 Changes)

  • Spouses of students in short-term or undergraduate programs.
  • Spouses of workers in low-skilled or ineligible TEER categories.
  • Dependent children of workers or students (they no longer qualify for open work permits).
  • Applicants whose spouse’s permit does not have enough validity left.

Documents Required for Spousal Open Work Permit

The document checklist may vary depending on the applicant’s situation, but generally includes:

  • Completed Application Forms (IMM 5710 or IMM 1295).
  • Valid Passport (must cover the full duration of the permit).
  • Proof of Relationship:
    • Marriage certificate, joint financial documents, photos, and communication history.
  • Spouse’s Status in Canada:
    • Copy of study permit, work permit, or PR application proof.
    • Enrollment letter or employment letter.
  • Financial Documents (bank statements, proof of funds if requested).
  • Biometrics & Medical Exam (if required).
  • Translations of Documents (if not in English or French).

Step-by-Step Application Process (2025)

  1. Check Eligibility: Verify that your spouse meets the requirements under the latest IRCC rules.

  2. Gather Required Documents: Collect all necessary documents as per the official IRCC checklist.

  3. Create an IRCC Account: Register and apply online through the official IRCC portal.

  4. Complete Application Forms: Fill out all forms carefully, ensuring accuracy and completeness.

  5. Pay Applicable Fees: Submit the work permit fee (CAD $155) and the open work permit holder fee (CAD $100).

  6. Submit Your Application: Upload all documents and submit the application online.

  7. Biometrics & Medical Exam (if required): Provide biometrics and undergo a medical exam if requested by IRCC.

  8. Wait for Processing: IRCC will review your application, which may take several weeks.

  9. Receive Work Permit: Once approved, your spouse will receive the Spousal Open Work Permit and can begin working in Canada.

Processing Time & Fees

  • Processing Time: Varies depending on whether applying inside or outside Canada (typically 2–6 months).
  • Government Fees:
    • Work Permit: CAD $155
    • Open Work Permit Holder Fee: CAD $100
    • Biometrics: CAD $85 (if required)
  • Additional costs: medical exam, translations, courier fees, etc.

Rights and Benefits of Spousal Open Work Permit Holders

  • Work with any employer in Canada (except restricted categories).
  • Gain Canadian work experience to support PR pathways (Express Entry, PNP, etc.).
  • Access to public healthcare (depends on province).
  • Ability to live with your spouse while building your career.
  • Easier integration into Canadian society.

Common Reasons for Refusal

  • Incomplete documentation: Applications are often refused when essential documents are missing, unclear, or not properly submitted, preventing the authorities from fully assessing eligibility.

  • Weak or insufficient proof of relationship: If the relationship evidence provided is inadequate or inconsistent, immigration officers may doubt the authenticity of the spousal relationship.

  • Spouse does not meet eligibility under new rules: Refusals can occur if the applicant fails to meet updated criteria, such as work experience, legal status, or health requirements outlined in recent regulations.

  • Financial insufficiency: Demonstrating insufficient funds to support oneself or dependents can lead to refusal, as financial stability is a key requirement for approval.

  • Errors in application forms: Mistakes, inconsistencies, or incomplete information in forms can cause delays or outright rejection, as they raise concerns about the accuracy and credibility of the application.

Tip: Double-check documents and consider professional assistance to avoid refusal.

Extensions and Renewals

  • A Spousal Open Work Permit is usually valid for the same duration as the spouse’s study/work permit.
  • Apply for renewal before expiry if the principal’s permit is extended.
  • If switching from a student spouse to a worker spouse, submit updated proof.

2025 Updates: What Has Changed?

  • New Restrictions: Only spouses of graduate-level students (Master’s, PhD, selected professional programs) are eligible.
  • Workers’ Spouses: Eligibility limited to certain high-skilled TEER categories.
  • Dependent Children: No longer eligible for open work permits.
  • Permit Validity: Must align with the principal applicant’s permit.

These changes mean fewer spouses now qualify compared to past years.

Tips for a Successful Spousal Open Work Permit Application

  • Apply Early: Submit your application well in advance to avoid processing delays.

  • Provide Strong Relationship Evidence: Include documents like joint bank accounts, lease agreements, cohabitation proof, and wedding photos.

  • Check Permit Validity: Ensure your spouse’s work permit is valid long enough to cover the intended period of stay.

  • Stay Updated: Regularly monitor IRCC announcements and policy updates to remain compliant.

  • Seek Expert Guidance: Consulting immigration professionals can help avoid mistakes and improve your chances of approval.

FAQs About Spousal Open Work Permit Canada

  1. How long does it take to get a SOWP?
    Processing times vary by country, but it typically takes several weeks to a few months.
  2. Do I need a job offer to apply?
    No, you do not need a job offer; the permit is “open,” allowing work with any eligible Canadian employer.
  3. What are the new rules for spousal open work permit in Canada?
    The new rules specify eligibility based on the spouse’s or partner’s work/study permit type, recent changes in IRCC policies, and certain occupational requirements under the Temporary Foreign Worker Program.
  4. How long does it take to process a spousal open work permit in Canada?
    Processing times vary by country and application type, generally ranging from 4 to 12 weeks for online applications.
  5. Can a spouse work on a Canadian work visa?
    Yes, spouses of eligible work permit holders can apply for a Spousal Open Work Permit, which allows them to work anywhere in Canada.
  6. How much is a spousal open work permit in Canada?
    The fees include a work permit fee of CAD $155 plus an open work permit holder fee of CAD $100, totaling CAD $255.
  7. Which occupations are eligible for a spousal open work permit?
    Spouses of skilled workers in occupations listed under NOC 0, A, or B categories, or certain international students, are generally eligible. Eligibility also depends on the principal applicant’s permit type.

Conclusion

The Spousal Open Work Permit in Canada is a valuable pathway for families to stay together while building their future. However, the 2025 policy changes have narrowed eligibility, making it essential for applicants to carefully review the new rules, prepare strong documentation, and apply early.

If you’re planning to apply for a Spousal Open Work Permit in 2025, ensure you meet the updated requirements and seek expert guidance to maximise your chances of success.

For personalised consultation and professional assistance, contact Abroad Gateway today.