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Spousal Open Work Permit
Table of Contents
In Canada, a spouse or common-law partner of certain temporary residents may work for any employer in the country without a job offer or Labour Market Impact Assessment (LMIA) thanks to a unique work permit known as a Spousal Open Work Permit (SOWP).
A Spouse Open Work Permit (SOWP): What is it?
Because a Spouse Open Work Permit (SOWP) is an open work permit, its possessor is able to work for any Canadian firm.
- A job offer is not required prior to applying.
- Able to work in any profession (with the exception of those that are limited and require medical examinations).
- Depending on eligibility, applicants may apply from within or outside of Canada.
Who can apply for spousal open work permit?
Your spouse or common-law partner may be eligible for a SOWP if they are:
A. A Temporary International Worker in Canada
- Your spouse must be employed in a high-skilled occupation (TEER 0, 1, 2, or 3 under NOC 2021) and possess a valid work permit.
You might not be eligible for a SOWP if they are employed in a low-skilled position (TEER 4 or 5), unless they are employed by a particular program (Agricultural Stream, for example).
B. A Canadian international student enrolled full-time
- Your spouse needs to be enrolled in a public post-secondary school, such as a college, university, or CEGEP.
Students attending private colleges could not be eligible unless their program results in a degree.
C. An applicant for permanent residence in Canada
If your spouse has applied for permanent residency through:
- Spousal Sponsorship (Applying Inland)
- Express Entry (FST, FSW, or CEC)
- Program for Provincial Nominees (PNP)
- The QSWP, or Quebec Skilled Worker Program
Steps to obtain a spousal open work permit
To apply for a Spouse Open Work Permit (SOWP) in Canada, follow these steps:
Get the necessary paperwork ready:
- You and your spouse must both have valid passports.
- A marriage license or evidence of a common-law partnership
- Proof of your spouse’s current work permit, study permit, or PR application
- Meeting with digital photos IRCC guidelines
- Evidence of current immigration status in Canada, if applicable
- Proof of cohabitation, such as bills or a shared lease
- Work experience and academic qualifications
- Evidence of financial backing
Application Procedure
Begin by registering for an online IRCC account. Select “Work Permit” from the list of options for temporary residence. Complete and carefully fill out Work Permit Application Form IMM 5710 (if applying within Canada) or Form IMM 1295 (if applying outside Canada) .
Pay the necessary fees:
- Processing charge for a work permit ($155 CAD)
- Fee for holders of open work permits ($100 CAD)
- If necessary, a biometrics charge ($85 CAD)
Submit Additional Forms
- If utilizing one, use IMM 5476 (Use of Representative)
- if applicable, use IMM 5409 (Statutory Declaration of Common-law Union).
- Form for Family Information
Processing Time and Next Steps
Depending on your region and the volume of applications, processing often takes one to four months after submission. After being accepted, you must:
Full biometrics upon request:
- If necessary, undergo a medical examination.
- Obtain an introduction and approval letter.
- Print your work permit at the local IRCC office or at the port of entry.
Other Work Permit Options for Spouses
If you don’t qualify for an SOWP, consider:
- Employer-Specific Work Permit – Requires a job offer + LMIA.
- Study Permit – If planning to study in Canada.
- Visitor Visa – If visiting your spouse temporarily.
