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

Jan 3, 2025

Canada's reputation as a welcoming and multicultural nation extends to its immigration policies, which often recognize the importance of family reunification. For those venturing to Canada on a study or work permit, the possibility of bringing along their spouse or common-law partner to work is a significant advantage. This is made possible through Canada's Open Work Permit (OWP) program, a pathway that enables spouses and partners of certain temporary residents to gain valuable Canadian work experience. However, the OWP landscape is constantly evolving, with recent and upcoming changes adding layers of complexity.


This article aims to provide a comprehensive overview of open work permits for spouses and common-law partners in Canada, equipping you with the knowledge to navigate this intricate system.


What is a Open Work Permit ("OWP")?


An open work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that grants its holder the flexibility to work for any employer in Canada, with a few exceptions. 


These exceptions typically include employers who:   


  • Are on a list of employers who have failed to comply with the conditions.



  • Regularly offer services such as striptease, erotic dance, escort services, or erotic massages. 


Current Landscape of Open Work Permits


As of now, several categories of individuals are eligible for OWPs, including:


• International Students: Graduates from designated learning institutions can obtain a Post-Graduation Work Permit (PGWP), allowing them to gain valuable Canadian work experience.


• Spouses or Common-Law Partners ("SOWP"): Partners of full-time students or skilled workers may receive an OWP, enabling them to work throughout Canada (C-41 & 42).


SOWPs are designed to enable the spouses or common-law partners of eligible foreign nationals, often referred to as “principal foreign nationals,” to work in Canada while their partner is studying or employed. These permits promote family unity while providing economic flexibility and integration for accompanying spouses. However, dependent children are not eligible for these permits.


Who is a Principal Foreign National?


In 2021, Immigration, Refugees, and Citizenship Canada (IRCC) clarified the definition of a “principal foreign national.” A principal foreign national is the first individual in a couple to obtain a valid work or study permit or to be authorized to work in Canada under section 186 of the IRPR (excluding paragraph R186(w)).


Impact of This Clarification


• A principal foreign national cannot use their spouse’s SOWP to apply for another open work permit under the C41 or C42 categories.


• For example, a study permit holder whose spouse obtains a SOWP under exemption code C42 cannot quit studying and use their spouse’s work permit and employment to apply for a C41 permit.


Upcoming Changes to Canada's Spouse Open Work Permit Programs in 2025


Why Change Was Necessary


The discussions highlighted in government documents show the challenges in balancing economic growth, labor market needs, and the long-term sustainability of immigration volumes. Key considerations included:


• Labor Market Saturation: The influx of open work permit holders has strained certain sectors while leading to underutilization of others.


• Policy Misalignment: Critics pointed out inconsistencies between the OWP program’s intent and its outcomes, particularly in addressing genuine labor shortages.


• Immigration Backlogs: Increasing OWP applications contributed to system delays, impacting overall program efficiency.


Exploring Options for Reform


Before settling on the changes for 2025, policymakers evaluated several approaches. According to the deliberation document, three main options were considered:


1. Maintain the Status Quo: Leaving the program unchanged risked exacerbating current challenges, such as uneven labor market impacts and overstretched immigration services.


2. Targeted Adjustments: Implementing minor changes to eligibility criteria was deemed insufficient to address structural issues.


3. Comprehensive Reform (Chosen Option): Policymakers opted for this approach, involving targeted eligibility adjustments and clearer alignment with labor market needs. This option struck a balance between maintaining program integrity and addressing pressing challenges.


Who is Eligible for a Spouse Open Work Permit?


The eligibility criteria for open work permits depend on the status of the principal applicant – the person whose study or work permit forms the basis of the spouse's or partner's application.


As of January 21, 2025, your spouse or common-law partner may be eligible for a SOWP if you are:


If the principal applicant is an international student (C-42):


1. Enrolled in a master’s or doctoral program lasting 16 months or more.


2. Studying in one of the following professional degree programs:


• Doctor of Dental Surgery (DDS, DMD)

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

• Doctor of Medicine (MD)

• Doctor of Optometry (OD)

• Pharmacy (PharmD, BS, BSc, BPharm)

• Doctor of Veterinary Medicine (DVM)

• Bachelor of Science in Nursing (BSCN, BSN)

• Bachelor of Nursing Science (BNSC)

• Bachelor of Nursing (BN)

• Bachelor of Education (BEd)

• Bachelor of Engineering (BEng, BE, BASc)


If the principal applicant is a temporary foreign worker (C-41):


Your spouse or common-law partner may qualify for a SOWP if you:


1. Are employed in a TEER 0 or 1 occupation, or a "select" TEER 2 or 3 occupation in a sector with labor shortages (these include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. The full list will be available on January 21, 2025).


2. Hold a valid work permit or authorized work with at least 16 months remaining at the time of application.


A Detailed Look on the Changes Effective January 21, 2025:


  1. Increased Work Permit Duration for Principal Applicants:


  • Previously, principal applicants (the primary workers or students) needed a work permit valid for at least six months to support their spouse's or common-law partner's OWP application.   


  • This minimum duration is now being increased to 16 months, creating a higher barrier for those on shorter-term work permits.


  • For international students, this means that graduating from a one-year program and obtaining a one-year post-graduation work permit (PGWP) will no longer be sufficient to sponsor an OWP for a spouse or partner.


  1. Restricted TEER Categories:


  • Previously, spouses of workers in TEER categories 0-5 were eligible for an OWP.   



  • Eligibility for SOWPs will be narrowed to spouses of workers in TEER 0 or 1 occupations, or select TEER 2 and 3 occupations identified as high demand (the full list to be identified later). Previously, SOWPs were available to spouses of workers in TEER 0-5 occupations.



  • This change particularly impacts spouses of workers in TEER categories 2, 3, 4 and 5, who are now strongly encouraged to apply for an SOWP as soon as possible, before the changes take effect.


Other Important Considerations:


  • Minimum Age to Work: Ensure your spouse or common-law partner meets the minimum age requirements to work in the province or territory where they intend to work.   


  • Genuine Relationship: You must demonstrate that you are in a genuine relationship with your spouse or common-law partner.   


  • Valid Status: Your spouse or common-law partner must maintain valid temporary resident status in Canada.


Why These Changes Matter:


  • Impact on Families: These changes may make it more difficult for families to reunite and work together in Canada, potentially disrupting their plans and creating financial challenges.



  • Economic Implications: Restricting SOWP eligibility could lead to labor shortages in certain sectors, as spouses and partners may no longer be able to fill critical roles.



  • Competition and Uncertainty: The changes may create increased competition for SOWPs, as more applicants will be vying for permits under stricter criteria. The uncertainty surrounding the exact implementation date and details of the changes can also be stressful for those planning their future in Canada.


Wrapping Up


The changes to Canada’s Open Work Permit program reflect a significant policy shift aimed at aligning immigration pathways with labor market needs and program sustainability. For many, these changes will limit access to SOWPs, particularly for short-term work or study permits and lower-skill occupations.


Prospective applicants and their families should act now to secure their permits under the current rules or consult with a licensed immigration professional to explore alternative pathways. By planning ahead, you can navigate these changes and maximize your opportunities in Canada’s immigration system.


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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.