A Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of a temporary resident to work in Canada. This permit provides flexibility since it is not tied to a specific employer, meaning the holder can work for any employer in Canada.
If you are in Canada on a work permit or as a full-time student, your spouse may be eligible for an open work permit. Understanding the eligibility criteria, application process, and required documents is essential to ensure a successful application.
What Is a Spousal Open Work Permit (SOWP)?
A Spousal Open Work Permit is a type of work permit that allows a spouse or common-law partner of an eligible foreign worker or international student to work for any employer in Canada without needing a job offer.
Who Can Apply for a Spousal Open Work Permit?
To qualify for an SOWP, the applicant must be the spouse or common-law partner of someone who is:
✔ A foreign worker in Canada with a valid work permit
✔ An international student studying at a Designated Learning Institution (DLI)
✔ A permanent residence applicant under specific programs (such as Inland Spousal Sponsorship)
Eligibility Criteria for Spousal Open Work Permit
1. Spouse of a Skilled Worker
If your spouse or partner is a foreign worker in Canada, you may be eligible for an open work permit if:
✔ Your spouse holds a valid work permit
✔ Your spouse is working in an eligible skilled occupation (TEER 0, 1, 2, or 3) under the National Occupational Classification (NOC)
✔ Your spouse’s job is in healthcare, technology, engineering, finance, or other skilled sectors
This means if your spouse is working in a high-skilled job, you are more likely to qualify.
2. Spouse of an International Student
If your spouse is a full-time student in Canada, you may be eligible for a Spousal Open Work Permit if:
✔ Your spouse is studying at a Designated Learning Institution (DLI)
✔ Your spouse is enrolled in a full-time program leading to a degree, diploma, or certificate
✔ Your spouse has a valid study permit
3. Spouse of a Permanent Residence Applicant
If you are inside Canada and have applied for permanent residence under the Spouse or Common-Law Partner in Canada (SCLPC) program, you may be eligible for an SOWP.
✔ You must have submitted a permanent residence application
✔ Your spouse must be a Canadian citizen or permanent resident
✔ You must live with your spouse or provide proof of a genuine relationship
4. Spouse of a Post-Graduation Work Permit (PGWP) Holder
If your spouse has a Post-Graduation Work Permit (PGWP), you can apply for an SOWP if:
✔ Your spouse is employed in a skilled occupation (TEER 0, 1, 2, or 3)
✔ Your spouse works full-time (30+ hours per week)
Required Documents for Spousal Open Work Permit
To apply for an SOWP, you need the following documents:
1. Proof of Relationship
✔ Marriage certificate (if legally married)
✔ Common-law declaration form (IMM 5409) (if in a common-law relationship)
✔ Joint bank accounts, utility bills, lease agreements (to prove cohabitation)
✔ Photos, emails, or travel records (to show a genuine relationship)
2. Proof of Spouse’s Status in Canada
✔ Copy of spouse’s work permit or study permit
✔ Copy of spouse’s passport
✔ Letter from spouse’s employer confirming job and salary (for skilled workers)
✔ Copy of spouse’s enrollment letter from a DLI (for international students)
3. Identity Documents
✔ Valid passport
✔ Digital passport-size photo (as per IRCC specifications)
4. Proof of Financial Support
✔ Recent bank statements
✔ Payslips or proof of employment income
5. Completed Application Forms
✔ IMM 5710 (Application to Change Conditions or Extend Stay)
✔ IMM 5409 (if applying as a common-law partner)
How to Apply for a Spousal Open Work Permit?
Step 1: Check Your Eligibility
Before applying, ensure that your spouse meets the work or study requirements to support your application.
Step 2: Gather Required Documents
Collect proof of relationship, spouse’s work or study status, identity documents, and financial records.
Step 3: Apply Online Through IRCC Portal
Go to the Immigration, Refugees and Citizenship Canada (IRCC) website and create an account.
✔ Fill out the online application form (IMM 5710)
✔ Upload scanned copies of required documents
✔ Pay the application fee ($255 CAD for an open work permit)
Step 4: Biometrics Appointment
If required, schedule and attend a biometric appointment at a Visa Application Center (VAC).
✔ Fingerprints and photos will be taken
✔ Biometrics fee: $85 CAD
Step 5: Wait for Processing
Processing time varies but generally takes:
✔ 2-4 months (if applying from inside Canada)
✔ 4-6 months (if applying from outside Canada)
You can check the status of your application online through IRCC’s tracking system.
Can I Work While Waiting for My SOWP?
✔ If you are applying for an SOWP inside Canada and already hold a valid permit, you can continue working.
✔ If you are applying from outside Canada, you must wait until your SOWP is approved before working.
Can My Spousal Open Work Permit Be Denied?
Yes. Common reasons for SOWP rejection include:
❌ Weak proof of relationship – Insufficient documents proving a genuine marriage or partnership
❌ Spouse’s job does not meet criteria – If your spouse is working in a low-skilled job, you may be ineligible
❌ Lack of financial proof – If you cannot prove enough financial support
❌ Incomplete application – Missing documents or incorrect form submission
If your application is refused, you may reapply with additional evidence.
Can I Extend My Spousal Open Work Permit?
Yes, you can extend your SOWP if your spouse remains eligible.
✔ If your spouse’s work permit or study permit is extended, you can apply for an extension.
✔ Apply for the extension before your current SOWP expires to maintain legal status in Canada.
A Spousal Open Work Permit (SOWP) is a great opportunity for spouses of foreign workers, international students, and permanent residence applicants to work in Canada. By meeting the eligibility criteria, submitting the required documents, and following the application process, you can increase your chances of visa approval.
This permit provides freedom to work anywhere in Canada, helping families stay together while building a career in the country.