Spousal Open Work Permit Canada 2026: Who Is Eligible?

Updated October 2026

Eligibility for a spousal or common-law partner open work permit depends on the immigration category and current status of the principal applicant. Since January 21, 2025, Canada has significantly restricted family open work permits for many international students and temporary foreign workers. A valid study permit or work permit held by the principal applicant does not, by itself, make a spouse eligible.

Spouses of international students

A spouse or common-law partner may qualify where the principal student holds a valid study permit and is enrolled in an eligible program. The current rules include master’s degree programs of at least 16 months, doctoral programs and certain specified professional or other eligible programs. The exact program and the student’s circumstances must be checked against current IRCC criteria.

Spouses of high-skilled foreign workers

For a principal worker who is not relying on a separate permanent-residence pathway or special measure, eligibility generally requires the worker to be employed or have qualifying employment in a TEER 0 or 1 occupation, or in one of the specifically eligible TEER 2 or 3 occupations. In the ordinary high-skilled-worker measure, the principal worker’s work authorization generally must remain valid for at least 16 months after IRCC receives the spouse’s application.

Not every TEER 2 or 3 occupation qualifies

The family open-work-permit measure does not extend automatically to every TEER 2 or TEER 3 worker. IRCC maintains a list of selected occupations linked to identified sectors and priorities. Applicants should verify the principal worker’s NOC code and current eligibility list before applying.

Workers on pathways to permanent residence

Different rules may apply where the principal worker is on an eligible pathway to permanent residence. Depending on the measure, family members may qualify under criteria that differ from the general high-skilled-worker rules, including different requirements concerning the principal worker’s occupation and remaining work authorization.

Special 2026 measures and exceptions

IRCC has introduced additional measures for certain workers, including spouses of workers connected with designated significant investment projects in British Columbia and certain foreign-trained health professionals recruited by Quebec. Free-trade-agreement provisions and other program-specific measures can also affect eligibility. These exceptions should be assessed separately rather than assumed to apply to all workers.

Sponsored spouses and partners in Canada

A spouse or partner whose permanent residence application is being processed under an eligible in-Canada sponsorship pathway may have a separate open-work-permit option. The requirements depend on matters such as the permanent residence application, acknowledgement of receipt, current temporary status and, in some circumstances, approval in principle.

Evidence to prepare

The application should establish the genuine spousal or common-law relationship and the particular eligibility category relied upon. Depending on the pathway, supporting evidence may include the principal applicant’s study or work permit, proof of enrolment, employment letter, job duties, NOC/TEER classification, work-authorization validity and documents relating to a permanent residence application.

When the spouse is out of status

Eligibility through the principal applicant does not automatically restore a spouse’s lost temporary resident status. The applicant’s own status history, any restoration period, prior permit conditions and whether an in-Canada application is permitted must be assessed separately. A permit that has not yet expired does not necessarily establish continuing compliance with all conditions.

For a case-specific assessment, book a consultation.

Important: Family open-work-permit policies are highly category-specific and have changed repeatedly. Confirm the current IRCC criteria for the principal applicant’s exact situation before filing. This article provides general information and is not legal advice.

Harjeet Arora, RCIC-IRB · R709086