Spousal Open Work Permit Eligibility 2026: Who Qualifies Now

A spousal open work permit (SOWP) lets the husband, wife or common-law partner of an international student or foreign worker in Canada work for almost any employer, without a job offer. That changed in January 2025.

Since 21 January 2025, everything depends on your spouse's program of study or job. Below is exactly who qualifies, in IRCC's own terms. All rules and figures were checked on official Government of Canada pages on 22 October 2026. They can change, so check again on the day you apply.

What changed in January 2025

IRCC's notice of 14 January 2025 says that "effective January 21, 2025, only spouses of certain international students and foreign workers" can apply for a family open work permit. Dependent children of foreign workers lost eligibility, and permits already issued stay valid until they expire. Spouses of workers covered by free-trade agreements, and families of workers transitioning to permanent residence, were not affected.

Quick check: does your spouse's situation qualify?

You must also be married, or common-law partners, which IRCC defines as living together for at least 12 consecutive months.

Spouses of students: which programs qualify

Your spouse must hold a valid study permit and be studying in one of these:

• A master's program of 16 months or longer
• A doctoral program
• A professional degree program at a university. IRCC lists: 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); and Bachelor of Engineering (BEng, BE, BASc)
• A listed eligible program, such as the Francophone Minority Communities Student Pilot or certain provincial nursing and health bridging programs

Two details that catch people out

The program length must be clear on paper. IRCC's instructions to officers say the proof "must clearly indicate that the duration of the program is 16 months or longer." A range is fine only if it starts at 16 months. "16 to 24 months" works; "12 to 18 months" does not.

The last term counts against you. The student must "not be in the last term of the study program." This applies to new applications and extensions. Apply well before the final term starts.

The student must also study full time in a program eligible for a post-graduation work permit (PGWP).

Spouses of workers: which jobs qualify

Your spouse (IRCC calls them the principal) must:

• hold a valid work permit, an approval for one, or an authorization to work without a permit (some exceptions apply)
• live in Canada, or plan to, while working
• work, or be going to work, in a TEER 0 or 1 occupation, or a select TEER 2 or 3 occupation
• have a permit that is valid for at least 16 months after IRCC receives your application

The 16-month rule

The 16 months count from the day IRCC receives your application, not the day it decides. If your spouse's permit ends in 18 months and you wait three months to submit, you no longer qualify.

TEER levels and the eligible TEER 2 and 3 list

TEER is the skill category in Canada's National Occupational Classification (NOC 2021), and in the 5-digit NOC 2021 code the second digit matches the TEER category (for example, 73300 is TEER 3). TEER 0 is management; TEER 1 usually needs a university degree. All TEER 0 and 1 jobs qualify.

For TEER 2 and 3, only the jobs on IRCC's list count. On 22 October 2026, the list had 105 TEER 2 and 32 TEER 3 occupation codes. IRCC describes them as jobs in sectors with labour shortages or linked to government priorities: natural and applied sciences, construction, health care, natural resources, education, sports and the military.

• On the list (examples): 22303 Construction estimators, 32101 Licensed practical nurses, 42202 Early childhood educators, 72200 Electricians, 72310 Carpenters, 73300 Transport truck drivers, 33102 Nurse aides
• Not on it (examples): 62010 Retail sales supervisors, 62020 Food service supervisors, 63200 Cooks, 13110 Administrative assistants, 12200 Accounting technicians and bookkeepers

The job is judged on what your spouse actually does. IRCC asks for an employer letter showing the occupation, duties and NOC or TEER category.

Who cannot be the principal

IRCC excludes a principal who holds a spousal open work permit themselves, is an international student (including one working without a work permit), has a refugee claim referred to the Immigration and Refugee Board, or is under an unenforceable removal order. A worker still waiting for a PGWP decision does not count yet: IRCC says the PGWP "must be approved before your family member's application can be processed." Once approved, a PGWP holder in a qualifying job is assessed like any other worker.

Special measures

• Quebec-recruited health workers (NOC 31301, 32103 or 32120): their spouses are not held to the 16-month rule (since 25 May 2026).
• BC significant investment projects: spouses of these workers can qualify at any TEER level, with no 16-month rule (since 23 March 2026).
• Quebec PSTQ (since 5 June 2026): a separate measure with its own requirements; see IRCC's eligibility page.
• Families of economic permanent residence applicants: the principal's permit only needs to be valid for 6 months after IRCC receives the application, and the TEER limits above do not apply.

Dependent children

IRCC states: "As of January 21, 2025, your dependent child, or their dependent child, are no longer eligible" when the parent is a high-skilled worker not on a permanent residence pathway. Its instructions for spouses of students also say dependent children "are not eligible" under that category. Children can still qualify under the measure for families of economic permanent residence applicants.

Already have a permit? Renewals and transition

• Your current permit stays valid. IRCC says permits "approved under the previous measures and have not expired will remain valid."
• Spouses of workers in Canada can apply to extend, even after 21 January 2025, if their current permit is shorter than their spouse's and they apply before it expires. The new permit cannot go past your spouse's permit, your passport or your biometrics validity.
• Spouses of students can extend if the student still meets the new rules, including not being in the last term. In limited circumstances, if your spouse is in a master's program under 16 months or a college or undergraduate program, you may extend under the criteria in place when you got your current permit, while living in Canada and only up to your spouse's current study permit. This does not apply if your spouse starts a new level or program of study.

Fees

From IRCC's fee list, checked on 22 October 2026, in Canadian dollars:

• Work permit (including extensions): CAD 155
• Open work permit holder fee: CAD 100
• Biometrics: CAD 85 per person, or CAD 170 for a family of 2 or more applying together

For one spouse who needs biometrics, that is CAD 340. Fees can change, so check the fee list before paying.

How to apply

You apply online through your IRCC account.

• From outside Canada: apply together with your spouse when they apply for their own permit, or separately later, choosing the work permit for a spouse of a student or a family member of a worker.
• From inside Canada: if you hold valid status, for example as a visitor, apply online before it expires.
• No flagpoling. Since 23 December 2024 at 11:59 pm ET, people already in Canada can no longer leave and come straight back to get a work permit at the border ("flagpoling"), apart from narrow exceptions. A spouse arriving with the principal may apply at the port of entry only if eligible to do so; check IRCC's "When you can apply" page.

IRCC's checklist includes proof of your relationship (a marriage certificate, or IMM 5409 for common-law partners), your spouse's permit and, for workers, the employer letter.

Meeting these rules does not mean the permit will be issued. An IRCC officer decides each application, and nobody can promise the outcome.

Get the full Spousal Open Work Permit guide

The full guide includes a question-by-question decision flow, IRCC's full list of eligible TEER 2 and 3 codes, master document checklists for students' and workers' spouses, three letter templates (your cover letter, your spouse's support letter and an employer letter request), step-by-step routes for applying from outside and inside Canada, a worked example, special situations, and the most common mistakes to avoid.