The Canadian government launched the OWPP (Spousal Open Work Permit Pilot Program) towards the end of 2014 as part of its primary immigration focus for reunifying family members. The Spousal Open Work Permit allows a spouse or common-law partner to continue working in Canada while the IRCC is still processing their spousal sponsorship application.
However, you need to hold a work permit to work in Canada legally. A Canadian Work Permit (often known as a Canadian work visa) is granted to eligible foreign citizens looking to work in Canada after meeting certain conditions.

The program lets a foreigner in Canada apply for an Open Work Permit simultaneously with or after submitting an application for PR.

Spousal Work Permit Types

If you are in a legal marriage (including same-sex marriage) or a common-law partnership with the following people, you can apply for a spousal work permit.

  • Holders of the BOWP (Bridging Open Work Permit)
  • Technicians, intra-corporate transferees, professionals, and investors in Canada under the CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership)
  • Holders of the OWP (Open Work Permit)
  • Holders of work permits under the Atlantic Immigration Pilot Program
  • Holders of the PNWP (Provincial Nominee Work Permit)
  • International Students enrolled full-time
  • Foreign skilled workers in Canada
  • Intra-company transferees who are citizens of the European Union under CETA (Comprehensive Economic and Trade Agreement) between EU and Canada

Eligibility

Generally, if you're on a full-time study at a government post-secondary institution or a skilled worker, your common-law partner or spouse may be eligible for an Open Work Permit. A skilled worker falling into this group is someone in the NOC (National Occupational Classification) skill level:

  • A: professional occupations, or
  • 0: managerial occupations, or
  • B: technical and trade occupations

Aside from the NOC skill types 0, A, or B, the individual may need to have proof of employment.
The term "common-law partner" refers to someone who has lived with their spouse in a marital-type relationship for at least a year. A spouse is someone with whom you have engaged in a legally binding marriage recognized in both Canada and the nation where it took place.
Your spouse's (or common-law partner's) Open Work Permit is valid for the same amount of time as your employment or study permit.
The Open Work Permit generally targets inland spousal (and common-law sponsorship) candidates. Inland application is for a couple who already live together within Canada. The spouse seeking immigration through the program must already be living in the country temporarily as a student, worker, or visitor.
An Open Work Permit is not restricted to any particular employer. This allows a foreign worker to work for any employer in the country provided they match the job requirements. An immigration candidate must also meet the following conditions to qualify for a spousal OWPP:

  • Apply for PR under the SCLPC (Spouse Common-Law Partner Class)
  • Have a spouse (or common-law partner) who is a citizen or PR of Canada who has applied for spousal sponsorship on their behalf
  • Reside with their sponsor, in the same household, and at the same address
  • Possess a valid TRS (temporary resident status), or have a confirmed petition for restoration status with permission to work.

People who apply through the Open Work Permit Program can apply for a work permit and PR simultaneously. However, if an applicant has already applied for permanent residence, IRCC still allows them to apply for OWPP separately. A spouse accompanying a highly skilled foreign worker in Canada or an international student is often an ideal candidate for an open work permit. Various programs have different eligibility requirements. Here's a brief overview of different spousal sponsorship circumstances!

A spouse or common-law partner of an AIP (Atlantic Immigration Pilot) work permit holder

If your spouse (or common-law partner) is an AIP registrant and works in a National Occupational Classification skill category 0, A, B, or C, you may qualify to apply for a Canadian open work permit.

A spouse or common-law partner to a foreigner holding a BOWP (Bridging Open Work Permit)

  • The principal foreign worker's working visa must be valid for at least six months.
  • The BOWP holder must be working in an occupation that falls within National Occupational Classification skill category 0, A, or B if their spouse (or common-law partner) is an FSWC (federal skilled worker class) candidate.
  • Regardless of the skill set of the principal, Provincial Nominee Class applicants, their spouse or common-law partner may be eligible for an open work visa.
  • The BOWP bearer must be working in a skilled trade job listed in National Occupational Classification skill level B if their spouse (or common-law partner) is a Federal Skilled Trades Class candidate.
  • There are no basic requirements that a spouse or common-law partner of the principal Canadian experience class applicant must meet.
  • The Bridging Open Work Permit holder must be working in one of the eligible occupations in NOC skill type 0, A, or B for a spouse (or common-law partner) of the caregiver applicant. (This involves an application for PR under the category of caring for persons with high medical needs or caring for children).
  • The Bridging Open Work Permit holder must be working in the NOC skill level 0, A, or B for a spouse (or common-law partner) of an AFP (Agri-Food Pilot) application.

A spouse or common-law partner of an OWP (Open Work Permit) holder

  • Show that the principal foreign worker is employed in the NOC skill type 0, A, or B.
  • Attach an employment letter or job contract from the current employer of the principal foreign worker
  • Attach a copy of the last three payslips of the principal foreign worker

A spouse or common-law partner of a PNWP (Provincial Nominee Work Permit) holder

An open work permit is available to the spouse (or common-law partner) of a Canadian foreign work permit holder who has been nominated for PR by a province or territory for:

  • the term of the PNP work visa, or
  • till the passport or other travel documents of the spouse or common-law partner expires

It depends on which of the above two circumstances occur first, regardless of the NOC skill type of the principal applicant.

A full-time students' spouse or common-law partner

IRCC can grant an open work permit to a spouse or common-law partner of a foreign student presently studying in Canada. Dependent spouses or common-law partners may apply for an open work permit under the LMIA (Labor Market Impact Assessment) exemption code C42 if their spouse or common-law partner is a full-time international student at:

  • A public post-secondary academic institution, for example, a college, CEGEP, university, technical or trade school.
  • A private post-secondary academic institution that operates in Canada under the same standards and procedures as a publicly funded and owned institution.
  • In Quebec, a public or private secondary or post-secondary academic institution offering at least 900-hour of qualifying education programs leading to vocational studies diplomas or attestations of occupational speciality.
  • A private academic institution permitted by provincial or territorial statute to issue degrees (such as bachelor's, master's, or PhD degrees). However, it applies if the international student participates in one of the province-approved degree programs, not simply any program provided by a private academic institution. However, a job offer is not required before IRCC can issue an OWP under such circumstances.

A spouse or common-law partner accompanying a high skilled foreign worker

IRCC can issue an open work permit to a foreign person accompanying their spouse (or common-law partner) employed in a high-skilled profession in Canada on a valid work visa. The OWP will be valid for the same amount of time as their spouses or common-law partner's work permit. An OWP is only available if the applicant can demonstrate the following:

  • Their spouse or common-law partner works in a high-skilled job with a National Occupational Classification skill level of 0, A, or B.
  • Their spouses or common-law partner's work visa is valid for at least 180 days.
  • They intend to physically reside in Canada for the duration of their work permit's validity.

A spouse or common-law partner under inland sponsorship

A spouse or common-law partner under inland sponsorship

  • who have applied under the spouse or common-law partner class, and
  • have a temporary resident status, or
  • are eligible to reinstate their temporary status as a student, a visitor, or skilled foreign worker, and
  • share home addresses with their sponsors

While their PR application is being processed, a spouse or common-law partner can still work in the country on an open work visa under the following circumstances:

  • The spousal sponsorship, PR, and open work permit (OWP) applications may all be filed together if a spouse or common-law partner hasn't submitted their sponsorship application. {Submit your applications to the CPC-M (Case Processing Centre in Mississauga), Ontario}.
  • If you have submitted your PR application but have not yet received your approval in principle, you can file a paper-based OWP application to the CPC-V (Case Processing Centre in Vegreville), Alberta
  • If your PR application has been granted in principle, you can submit an online (or paper) OWP request to the CPC-V, Alberta

Documents that you may need to apply for a spousal open work permit

  • Proof of a common-law partnership or marriage, for example, through a marriage certificate or an SCLU (Statutory Declaration of Common-Law Union)
  • Evidence that your common-law partner or spouse is a student, for example, confirmation of enrolment or letter of acceptance from a Canadian learning institution such as a university
  • Copies of travel documents or passport
  • passport size photos (taken recently)
  • Copies of your current study permits, (for your spouses or common-law partners who may have renewed their permits and are submitting their application for their own work permits in their own IRCC Accounts)

Other factors you need to know.

  • It's important for a spouse of an international student intending to support their spouse to immigrate to Canada to show their current study permit and that they're actively attending their classes.
  • A student must demonstrate that they can support themselves and their common-law partner or spouse in Canada.
  • It is critical to show an employment letter or job contract from the employer for a spouse or common-law partner of foreigners with valid work permits in Canada.
  • The employment letter or contract should state that the worker is engaged in a skilled job in Canada. In addition, the job documents must show the roles and responsibilities they perform.
  • You should also send at least two payslips to show proof of funds.
  • To demonstrate that you won't refuse to exit Canada after the expiry of your status, you must disclose ties to your nation of citizenship.
  • You must demonstrate the validity of your common-law partnership or marriage, mainly if it is a new marriage. If you and your spouse just wedded, your spousal OWP application should be treated more like an application for spousal sponsorship rather than a work visa application.
  • Provide evidence of your marital relationship through documents such as proof of shared bank accounts, marriage certificate, affidavits of your wedding witnesses, photos, proof of communication (e.g., through text messages), among other things.