Spousal open work permit: who qualifies under the 2025–26 rules, and how to apply

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 9, 2026

Published November 10, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 9, 2026: rules, TEER list and fees checked on IRCC’s pages that day.

If your spouse or common-law partner works or studies in Canada, you may be able to get a spousal open work permit and work for almost any employer. Since January 21, 2025, the rules are much narrower. The worker must be in a TEER 0 or 1 occupation or one of the listed TEER 2 or 3 occupations, with a permit valid for at least 16 more months. A student must be in a master’s program of 16 months or longer, a doctorate or a listed professional degree. Spouses being sponsored from inside Canada apply under a separate public policy. This guide covers all three, with the fees as of November 9, 2026.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares open work permit applications for the spouses of foreign workers, international students and sponsored partners, and takes refused applications to the Federal Court.

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Who qualifies for a spousal open work permit?

You qualify if you are in a genuine marriage or common-law relationship and your partner fits one of the rows below. Find your partner’s situation first: it decides everything else.

Sources: IRCC’s pages for family members of workers (modified June 12, 2026), spouses of students (modified February 3, 2026) and the in-Canada sponsorship instructions (modified November 20, 2025), checked November 9, 2026.

Why a spousal open work permit needs a lawyer

Before 2025, a spouse’s permit was close to automatic for most skilled workers. Now the whole file turns on one question: does the officer accept that your partner’s job is in a qualifying TEER, or that the program qualifies? A wrong NOC code, a vague employer letter or a program a few months too short is enough for a refusal.

One lawyer, one file, every step:

• Checking the principal’s NOC code and TEER against the actual job duties before you apply.
• Counting the 16 months (or 6) from the date IRCC will receive your application.
• Building the employment or enrolment evidence officers ask for.
• Protecting your status while you wait: maintained status, extensions and restoration.
• If you are refused, a judicial review in the Federal Court within 15 days (in Canada) or 60 days (outside Canada) under IRPA s.72(2)(b).

The last step matters most. Consultants cannot represent you in the Federal Court (Federal Courts Rules, r.119), so a refusal handled by a consultant has to change hands, with the deadline already running.

Spouse open work permit eligibility: what the rules require

The spousal open work permit is not in the Regulations by name. IRCC issues it under IRPR s.205(c)(ii), which allows LMIA-exempt work where “limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy”. That is why refusal letters say “Refused as per R205(c)(ii)”. Spouses in the Spouse or Common-law Partner in Canada class can also be issued a permit under IRPR s.207(b). The detailed conditions are in IRCC’s instructions, and they change often.

Spouses of foreign workers

Your partner must hold a valid work permit (or a port-of-entry letter of introduction, or authorization to work without a permit), live or plan to live in Canada, and work or be about to work in a qualifying occupation. You must be in a genuine relationship and meet the general work permit requirements. If you are in Canada, you need valid status, maintained status or eligibility for restoration.

The TEER 2 and 3 occupations on IRCC’s list (as of November 9, 2026)

TEER 2: technologists and technicians in science, engineering, architecture, drafting, surveying, geomatics, computer networks, user support and IT testing (22100–22114, 22210–22233, 22300–22313); health technologists and technicians, including licensed practical nurses (32101), paramedics (32102), respiratory therapists, dental hygienists, medical lab and radiation technologists, sonographers, pharmacy technicians and massage therapists (32100–32209); specialized members of the Canadian Armed Forces (42102); early childhood educators and assistants (42202); trades contractors and supervisors (72010–72025); machinists, welders, sheet metal workers, ironworkers and boilermakers (72100–72106); electricians and telecommunications installers (72200–72205); plumbers, pipefitters and gas fitters (72300–72302); carpenters and cabinetmakers (72310–72311); bricklayers and insulators (72320–72321); millwrights, heavy-duty and HVAC mechanics, automotive service technicians and other mechanics (72400–72429); crane operators and water well drillers (72500–72501); pilots, air traffic controllers and marine officers (72600–72604); other technical trades (72999); and logging, mining, oil and gas, farm and landscaping supervisors (82010–82031).

TEER 3: dental, medical lab, pharmacy and nursing assistants and orderlies (33100–33109); teacher assistants (43100); operations members of the Canadian Armed Forces (43204); athletes and coaches (53200–53201); concrete finishers, tilesetters, drywallers, roofers, glaziers, painters and floor installers (73100–73113); installers, building maintenance workers, pest controllers and other repairers (73200–73209); transport truck drivers, bus and transit operators and railway workers (73300–73311); heavy equipment operators, printing press operators, and drillers and blasters (73400–73402); and miners, oil and gas well workers, logging machinery operators and fishers (83100–83121).

This is a summary. Check your partner’s exact five-digit NOC code against IRCC’s list, not the job title.

One exception matters in BC. Since March 23, 2026, spouses of workers on a significant investment project in BC qualify whatever the worker’s TEER, without the 16-month rule (IRCC’s program delivery update names Lululemon Athletica and Microsoft Vancouver). Quebec has its own exceptions for some health workers and PSTQ applicants.

If your partner has applied for economic PR or is on a listed PR pathway, the measure is different: the permit only needs 6 months left, and TEER 4 or 5 jobs can qualify on a pathway.

Spouses of international students

For applications received on or after January 21, 2025, the student must be studying full-time at a PGWP-eligible designated learning institution, in a PGWP-eligible program of one of these types: a master’s of 16 months or more, a doctorate, a listed professional degree at a university, a provincial or territorial program on IRCC’s list, or the Francophone Minority Communities Student Pilot. IRCC’s instructions (modified August 24, 2026) add that the student must “not be in the last term of the study program”. Your permit usually ends when the study permit does.

Spouses being sponsored from inside Canada

If a Canadian citizen or permanent resident is sponsoring you under the Spouse or Common-law Partner in Canada class or the family class, you can apply under IRCC’s public policy (code A74). It was still in force on November 9, 2026, with no end date. Your PR application must be complete and not refused, withdrawn or returned. You must live at your sponsor’s address and be in Canada with valid status, maintained status or eligibility for restoration. You usually wait for the acknowledgement of receipt, unless your status expires within 2 weeks. The permit lasts up to 24 months and can be extended while the PR file is in process. The inland vs outland sponsorship guide explains how this fits with the choice of route.

The 16-month rule: a worked example

The clock runs from the day IRCC receives your application, not the day you start it or the day it is decided.

Example. Aman works in Surrey as an electrician (NOC 72200, on the TEER 2 list). His work permit expires on March 31, 2028. His wife submits her application online, and IRCC receives it on December 1, 2026.

1. Add 16 months to December 1, 2026: that is April 1, 2028.
2. Compare it with his expiry date: March 31, 2028 is one day short.
3. Result: she does not meet the 16-month rule on that date, even though his permit has more than 15 months left.

If Aman’s permit ran to June 30, 2028, the same application would pass, and she would have until about the end of February 2028 for IRCC to receive it. Leave a margin of days, not hours. If his own extension is pending, wait for the new permit before you count.

What documents do you need for a spousal open work permit?

IRCC’s how-to-apply page (modified May 28, 2026) sets the core list. Your online document checklist may ask for more.

You:

• Passport or travel document (a copy) and a photo that meets IRCC’s specifications.
• Application for Work Permit Made Outside of Canada (IMM 1295) where your checklist asks for it.
• Biometrics, if your checklist asks for them, and a medical exam if your work or the checklist requires one.

Your relationship:

• Married: your marriage certificate.
• Common-law: the Statutory Declaration of Common-Law Union (IMM 5409) plus proof of living together, such as a joint lease and shared bills.

Your partner’s work (worker spouses):

• Their work permit (or letter of introduction) showing at least 16 months left, or 6 on a PR pathway.
• A current employer letter: job title, duties, hours, pay, start date and the NOC code. Or the job offer letter, if they have not started.
• Recent pay stubs and bank statements showing the matching salary deposits.
• For PR pathways: the acknowledgement of receipt and the IMM 0008 listing you as a family member.

Your partner’s studies (student spouses): their study permit, a current letter of enrolment showing full-time study, the program and its length, and proof that they are not in the last term.

Inland sponsorship (A74): the acknowledgement of receipt for your PR application, proof you live at your sponsor’s address, and proof of your current status.

How to apply from inside or outside Canada

IRCC sets the wait, and it changes weekly. Check IRCC’s processing-time tool rather than relying on anyone’s estimate. The border rule is from CBSA’s December 2024 notice.

Spousal open work permit fees (as of November 9, 2026)

Sources: IRCC fee list (modified September 21, 2026) and the Federal Court’s guide, both checked November 9, 2026.

What happens when your spouse’s permit is extended, and what about the children?

• Your permit follows theirs. It usually cannot run past your partner’s permit or study permit. When theirs is extended, apply to extend yours once the new permit is issued, and check you still meet the current rules (they are assessed again).
• Maintained status. If you apply to extend before your permit expires and stay in Canada, IRCC’s instructions say you can keep working under the same conditions while you wait. If you leave Canada, you cannot work until the new permit is granted.
• A second application after a refusal. If it is filed after your permit has expired, it does not give you maintained status (IRCC update of May 28, 2025). You would need restoration within 90 days.
• Dependent children. Since January 21, 2025, children of high-skilled workers and of students no longer get open work permits under these measures. Children may still qualify where the parent is on a PR pathway or in an economic PR application, or as accompanying children in an inland sponsorship.

Why spousal open work permit applications get refused

These are patterns I have seen in refusal letters, using the officers’ own wording. Refusals get their own guide; what follows is what to avoid when you apply.

• The job’s TEER was not proved. “Insufficient information to demonstrate their spouse’s employment in a qualifying TEER.” The employer letter gave a title but no duties or NOC code.
• The employment was not corroborated. “No employment letter, paystubs, and bank statements that show corresponding paystubs/deposits on file.”
• The employer could not be found. “Open source search shows no record of [employer] operating at this address.”
• The partner’s permit was too short. “You have not established that your spouse holds a work permit valid for the time you are requesting.”
• The student or program did not qualify. “Your spouse is not enrolled in a qualifying graduate or professional degree granting program,” or “insufficient evidence provided that spouse is currently enrolled as a full-time student.”
• The partner’s own application was refused, so yours fell with it. Or an inland sponsorship file was withdrawn, which ends eligibility for the A74 permit.

If you are refused, you can reapply with evidence that answers each reason, or ask the Federal Court for judicial review within 15 days (in Canada) or 60 days (outside Canada). Read the work permit refusal guide before you decide; a reconsideration request does not stop the court deadline.

Who can’t get a spousal open work permit?

• Spouses of workers in TEER 2 or 3 jobs not on IRCC’s list, or in TEER 4 or 5 jobs, unless the worker is on a PR pathway or in a BC significant investment project.
• Spouses of workers whose permit has less than 16 months left when IRCC receives the application (6 months on a PR pathway).
• Spouses of college, undergraduate or shorter master’s students (new applications), and spouses of students in their last term.
• Spouses who are full-time study permit holders themselves.
• Spouses of principals whose permit comes only from a pending refugee claim or an unenforceable removal order, whose PGWP decision is still pending, or who themselves hold a spousal open work permit.
• Dependent children under the worker and student measures (since January 21, 2025).
• Inland sponsorship applicants whose PR file was refused, withdrawn or returned, who apply at a port of entry or through the PR portal, or who are out of status under the spousal public policy and must wait for approval in principle.

Frequently asked questions

Can I apply if we are common-law, not married?

Yes. A common-law partner qualifies the same way as a spouse. You complete the Statutory Declaration of Common-Law Union (IMM 5409) and show that you have lived together, usually with a lease, bills and shared accounts.

Can I work for any employer?

Mostly, yes: an open work permit is not tied to one employer. It can still carry conditions printed on the permit, such as a medical exam before work in some health or child-care settings. Check the conditions when it arrives.

My spouse is on a PGWP. Do I qualify?

Only if your spouse is working in a TEER 0 or 1 job or a listed TEER 2 or 3 job, with 16 months left on the PGWP when IRCC receives your application. You can’t apply on this basis while your spouse’s own PGWP application is still pending.

Can I apply at the airport or the Peace Arch crossing?

Not for most people. Flagpoling for work permits ended on December 23, 2024. US citizens and US permanent residents, and a few free-trade categories, are the main exceptions.

How long will my permit be valid?

Usually no longer than your partner’s work or study permit, and never past your passport’s expiry. Under the inland sponsorship policy, the permit is issued for up to 24 months.

I already have a spousal permit from before 2025. Is it cancelled?

No. Permits issued before January 21, 2025 stay valid until they expire. An application to extend it is assessed under the rules in force when IRCC receives it, so check the table above before you apply.

Does a spousal open work permit help my own PR application?

Work on it can count as Canadian work experience if it meets the program’s rules (for example, skilled work for the Canadian Experience Class). The permit itself does not give PR.

How long does IRCC take to decide?

It varies by where you apply and changes weekly. Use IRCC’s processing-time tool, and apply early enough that your status is protected if the decision is slow.

Related guides: spousal open work permit refused.

What should I do right now?

Gather three things: your partner’s permit (with its expiry date), their employer letter or enrolment letter, and your marriage certificate or common-law proof. Then check the NOC code against IRCC’s list and do the 16-month count from the date you can realistically submit. If your own status ends soon, apply before it expires. If you have already been refused, the 15-day court deadline passes fast, so get advice before you reapply.

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Sources (official)

• Immigration and Refugee Protection Regulations, s.205 and s.207 (current to October 19, 2026)
• Immigration and Refugee Protection Act, s.72
• IRCC: open work permits for family members of foreign workers: eligibility and how to apply
• IRCC: help your spouse or common-law partner work in Canada (students) and the C42 instructions
• IRCC: spousal public policy and the A74 instructions
• IRCC: spouses of significant investment project workers (BC)
• IRCC: maintained status during processing
• IRCC fee list; IRCC processing times
• CBSA: ending flagpoling for work and study permits
• Federal Court: how to file an application for leave and judicial review (immigration)

This article is general information, not legal advice. Every case depends on its own facts.