A spousal open work permit lets you work for almost any employer in Canada without a job offer. You cannot work for a non compliant employer, or in certain adult service businesses.
In this guide
Everything about this changed on 21 January 2025, and again through 2026. If you are reading an older guide, it is wrong. Here is the current position.
The single biggest change: dependent children lost eligibility
For applications made on or after 21 January 2025, dependent children of high skilled workers, and dependent children of international students, are NO LONGER eligible for an open work permit under the family measure.
Children remain eligible only where the principal applicant is on an eligible permanent residence pathway. More on that below.
If you have been told your child can come and work, check the date of the advice.
Spouses of workers
Whether your spouse qualifies depends entirely on which box the principal worker falls into.
| The principal worker | Who can get a permit | The condition |
|---|---|---|
| High skilled, NOT on a PR pathway | Spouse or common law partner ONLY | The job must be TEER 0, TEER 1, or a SELECTED TEER 2 or TEER 3 occupation from IRCC's list. The worker's authorisation must be valid for at least 16 MONTHS after IRCC receives the spouse's application |
| Has APPLIED for PR through an eligible economic program or pilot | Spouse, dependent child, and dependent grandchild | The worker's permit must be valid at least 6 MONTHS after IRCC receives the family application |
| TEER 4 or 5, on an eligible PR pathway but has NOT yet applied | Spouse, dependent child, and dependent grandchild | At least 6 MONTHS of authorisation must remain |
| TEER 4 or 5, NOT on a PR pathway | Nobody. No new permits under this measure | An existing family permit in Canada may sometimes be extended to match a longer principal permit, if filed before it expires |
Two things people get wrong here.
Not every TEER 2 or TEER 3 job qualifies. IRCC publishes a specific, enumerated list of NOC codes. Your occupation must appear on it by code. "It is a skilled trade" is not an argument.
The 16 month rule is a real cliff. If the principal worker has 15 months left, the spouse is not eligible, full stop, unless an exception applies.
One exception that is easy to miss: for applicants under the Rural Community Immigration Pilot and the Francophone Community Immigration Pilot, only dependent children and their children are eligible under this measure. Spouses get a separate open work permit under those pilots.
Which workers CANNOT make a spouse eligible
The measure does not apply if the principal person is a refugee claimant referred to the IRB, is under an unenforceable removal order, holds a study permit, is working on or off campus without a work permit, has a pending post graduation work permit with no positive decision yet, or holds a spousal open work permit themselves.
That second to last one matters. A spouse can FILE while the principal's PGWP is pending, but the PGWP must be APPROVED before IRCC will process the spouse's application. If it is refused, so is the spouse's.
The 2026 exceptions
| Exception | The rule |
|---|---|
| Quebec recruited health professionals, from 25 May 2026 | Spouses of workers in NOC 31301, 32103 or 32120 are exempt from the 16 month rule. Enter CONJOINTSANTEQC in the Job title box |
| British Columbia significant investment projects, from 23 March 2026 | A spouse of a qualifying project worker may qualify at ANY TEER level, and the 16 month rule is waived. Enter SIPSPOUSEBC in the Job title box |
| Quebec skilled worker selection (PSTQ), from 5 June 2026 | The spouse must have been included as an accompanying family member in the demande de sélection permanente. DEPENDENT CHILDREN ARE NOT ELIGIBLE. Enter PPTR2PRQC2026 in the Job title box, and apply online |
| Free trade agreements | A spouse may qualify under the agreement itself rather than this measure. Check separately |
Those job title codes are not decorative. Enter the wrong thing and the application is processed under the wrong rules.
Spouses of students
Yes, some still qualify. But only some.
The student must hold a valid study permit AND be enrolled in one of:
A master's degree program of AT LEAST 16 MONTHS.
A doctoral program.
An eligible university professional degree: dental surgery, law (LLB, JD, BCL), medicine, optometry, pharmacy, veterinary medicine, science in nursing, nursing science, nursing, education, or engineering.
A named eligible program.
The 16 month master's rule is the one that catches people. A 12 month master's, which is extremely common, does NOT make your spouse eligible.
The named programs include the Francophone Minority Communities Student Pilot outside Quebec (from 26 August 2024); named nursing, respiratory therapy and medical technology recognition programs in Quebec; the Supervised Practice Experience Partnership and Nurse Re Entry at Red River College Polytechnic in Ontario and Manitoba; and the Internationally Educated Midwives Bridging Program, Canadian Pharmacy Practice Program, and Post Degree Diploma in Nursing Practice in Canada in British Columbia.
Dependent children of students are not eligible for applications made on or after 21 January 2025.
A note on the "final term" rule. You will see it said that the student must not be in their final term. That condition applies to EXTENDING a spouse's open work permit, not to the initial application. It sits alongside other extension requirements: full time study, a PGWP eligible program at a DLI, and being physically in Canada.
The sponsored spouse open work permit
Yes, this still exists, and it is a different thing entirely.
If you are a spouse, common law partner or conjugal partner being sponsored for permanent residence from inside Canada, you can apply for an open work permit while you wait. Accompanying dependent children of the principal applicant are also eligible here.
You must:
Be in a genuine relationship with your sponsor.
Be included in a permanent residence application, and hold the acknowledgement of receipt (AOR).
Be living in Canada with your sponsor.
Apply online after the AOR arrives.
There is one exception to the AOR requirement. You may apply without it if your work permit, study permit or temporary resident status expires in 2 WEEKS OR LESS and you have already applied under the spouse or common law partner in Canada class or the family class.
If you have no valid status and are relying on the spousal public policy, you wait for the approval in principle letter, then apply on paper with that letter and an explanation.
Two hard limits: you cannot use this route if the permanent residence application was refused, withdrawn or returned. And you cannot apply at a port of entry.
Flagpoling is over
Most foreign nationals already in Canada can no longer apply for a work permit at a port of entry. You apply online and you wait.
Fees
| Fee | Amount |
|---|---|
| Work permit | CAD $155 per person |
| Open work permit holder fee | CAD $100 per person |
| Base total | CAD $255 per person |
| Biometrics, if required | CAD $85 per person, CAD $170 family maximum |
Pay both the work permit fee and the open work permit holder fee.
One detail worth knowing before you file. If the principal applicant's application is refused, the family applications are refused too. IRCC refunds the $100 open work permit holder fee but NOT the $155 processing fee.
How long the permit lasts
| Route | The ceiling |
|---|---|
| Spouse of a worker | Never beyond the principal's authorisation, your passport expiry, or your biometric validity, whichever comes first |
| Spouse of a student | Usually matched to the study permit, and never extended beyond it |
| Sponsored spouse with an AOR | May be extended for 2 more years if the PR application is still in process |
Renew the passport before you apply if it is short. Your permit cannot outlive it.
What you need
Your personalised IRCC checklist governs. In general:
Identity: valid passport, photo, and the forms. Applying from outside Canada normally means IMM 1295.
Relationship: marriage certificate, or the Statutory Declaration of Common Law Union (IMM 5409), plus evidence the relationship is genuine.
The worker's status: work permit, letter of introduction, or proof of authorisation to work without a permit.
The worker's job: an employer letter showing duties, NOC and TEER. Not just a job title.
Economic pathway cases: the acknowledgement of receipt and proof the family member appears on the PR application, such as IMM 0008.
The student's status: study permit plus an acceptance letter, enrolment letter or current transcripts, and named program proof if relevant.
Sponsored spouse: the AOR, IMM 5707, marriage certificate or IMM 5409, and birth certificates naming both parents for dependent children.
Processing times
IRCC publishes no single timeline. It varies by application type and location, and it is not a guarantee. Check the live tool.
The main refusal risks
Wrong category. Confirm the NOC, the TEER, the pathway, the remaining authorisation, and the exclusions before you file.
Weak job proof. A job title is not evidence. Show duties, NOC and TEER.
Weak relationship proof. Use the marriage certificate or IMM 5409, and be consistent.
Insufficient validity. Check whether 16 months or 6 months must remain, and check the passport.
A pending principal PGWP. It must be approved before your file is processed.
Missing pathway proof where you rely on an economic stream.
Wrong sponsorship timing. Normally wait for the AOR.
Questions people actually ask
Prepared by KGraph Immigration. Last updated July 2026. General information, not legal advice.