If your husband, wife, or common-law partner is working in Canada on a valid work permit, you may also be able to work while you live together in Canada. This is called a Spousal Open Work Permit (SOWP). “Open” means you do not need a specific job offer—you can work for almost any employer once you are approved.
Your eligibility depends mainly on your partner’s job and immigration status, how long their work permit is valid, and whether they are already applying for permanent residence (PR). Below you will find a simplified explanation of the main situations.
Quick Table: When a Spouse Can Apply for an Open Work Permit
| Worker status | Worker conditions |
|---|---|
| Applied for PR through an eligible program or pilot | • Must hold a valid work permit, issued or approved because of PR application. • Work permit valid for at least 6 months at the time of applying. |
| Low skilled (working in a ***TEER 4 or 5 occupation) foreign worker who received a work permit through an eligible PR pathway, and has not yet applied for PR | • Work authorization must be valid for at least 6 months at the time of applying. |
| High-skilled worker (employed in a TEER 0 or 1 occupation) on a work permit | • Work authorization valid for at least 16 months at the time of applying. • Currently living or planning to live in Canada while working |
| High-skilled worker (TEER 2 or 3 occupation) on a work permit | • Must be employed in an occupation on the list of eligible TEER 2 and 3 occupations. • Work authorization valid for at least 16 months at the time of applying • Currently living or plan to live in Canada while working |
| Foreign workers in Canada under Free Trade Agreements (FTAs) | Depends on the terms of each individual free trade agreement. |
General Rules You and Your Partner Must Meet
- The main worker must have a valid work permit and either live in Canada or show clear plans to live and work there.
- The spouse applying must have valid temporary resident status (visitor, worker, or student) or be able to restore it.
- You must also meet regular Canadian work permit requirements, such as showing you can support yourself financially, proving you will leave Canada when your permit ends, having no criminal record, and being in good health if a medical exam is needed.
- You cannot work for an employer who is banned from hiring foreign workers or one that offers adult services such as striptease or escort work.
Understanding TEER Levels
Canada classifies jobs by skill level using TEER (Training, Education, Experience, Responsibilities).
- TEER 0 is the highest-skilled (like managers).
- TEER 1–3 are skilled or technical jobs.
- TEER 4–5 are lower-skilled or entry-level jobs.
These levels matter because some permits are easier to get if your partner works in higher-skilled TEER jobs.
Main Scenarios Explained Simply
1. Spouse of a worker who already applied for permanent residence (PR)
If your partner has applied for PR through programs like Express Entry or a Provincial Nominee Program and has a work permit valid for at least six more months, you can usually get a spousal open work permit.
2. Spouse of a lower-skilled worker on a PR pathway (but PR not yet applied for)
Your partner must be on a path to PR through an eligible program and have at least six months left on their work authorization.
3. Spouse of a high-skilled worker (TEER 0 or 1)
If your partner’s job is in TEER 0 or 1 and their work permit is valid for at least 16 more months, you can likely apply.
4. Spouse of a skilled worker (TEER 2 or 3)
You can apply if your partner works in an approved TEER 2 or 3 job, has at least 16 months left on their permit, and is employed in one of the specifically eligible occupations.
5. Spouse of a worker under a Free Trade Agreement (FTA)
If your partner is working in Canada under a trade deal like CETA (Canada-EU) or CPTPP, you may qualify depending on the exact agreement.
Who Is Not Eligible
You cannot get a spousal open work permit if the foreign worker:
- Is an international student working only off campus or in a co-op program.
- Holds a spousal open work permit themselves.
- Is under a removal order or has made a refugee claim.
- Has applied for a Post-Graduation Work Permit but is still waiting for a decision.
Do we have to be legally married?
No. Common-law partners who have lived together in a committed relationship for at least 12 months can also qualify.
Can I apply if I’m outside Canada?
Yes, you can usually apply from abroad, but your partner must be living or planning to live in Canada and meet the conditions for their own work permit.
How long does the spousal permit last?
It usually matches the expiry date of your partner’s work permit.
Can I change jobs once I’m in Canada?
Yes. Because it is an open work permit, you can work for almost any employer and even change jobs without re-applying, as long as it’s not an ineligible employer.
Do I need a job offer to apply?
No. That’s the advantage of the spousal open permit—you can apply without a job offer.
Bottom Line
If your partner is working in Canada with a valid work permit and meets the skill or permanent residence requirements, you may be eligible to work as well. Always check that your partner’s permit will remain valid for the required time and gather proof of your relationship. A carefully prepared application with the right supporting documents gives you the best chance of approval.
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