Spousal Open Work Permit 2026
Leaf Icon - RightWay Canada Immigration Services

Spousal Open work permit 2026

Canada Spousal Open Work Permit (SOWP) is designed to let eligible spouses or common-law partners work for almost any employer in Canada, while the principal applicant studies, works, or completes an in-Canada spousal sponsorship process. In 2025, however, the SOWP landscape changed dramatically. The most sweeping restrictions took effect on January 21, 2025, tightening eligibility and putting far more weight on the principal applicant’s situation at the exact time the application is submitted. That’s why the first step in any SOWP plan is understanding which of the three main categories you fall under, because each one has its own rules, documents, and common pitfalls.

The first category is the spouse of a foreign worker. Here, IRCC eligibility requirements are generally tied to the worker’s job type and remaining work authorization – especially for PGWP holders. The second category is the spouse of an international student, where eligibility is now limited to specific higher-level or designated programs, rather than most undergraduate or college-level studies. The third category is the spouses and common-law partners of Canadian citizens and permanent residents who are applying for permanent residency through Inland Spousal Sponsorship under the Family Class immigration system. 

What follows is a practical, step-by-step guide to these three categories – how eligibility is assessed, what the application journey typically looks like, the inside-versus-outside Canada differences, how extensions work, and how to avoid the refusal issues that most commonly derail otherwise strong applications.

Step-by-step: how to apply

Applying for a Spousal Open Work Permit (SOWP) follows a general roadmap regardless of your category. However, while these stages are universal, the specific evidence and “deep steps” required vary significantly depending on whether you are the spouse of a foreign worker, an international student, or a Canadian citizen/PR.

The overview below provides the high-level framework for all applicants. For a detailed breakdown of the unique document requirements and eligibility nuances for your specific category, please refer to our “SOWP Category Deep Dive” section further down this page.

Confirm Eligibility

Pick your stream and verify both partners meet the specific SOWP requirements.

Choose where and when to apply

Decide on location (in/out Canada) and the best timing for your application.

Prepare your application package

Collect identity, relationship, and stream-specific proof plus any translations.

Submit the application and pay fees

Fill out forms carefully, pay the required fees, and submit the online application.

Complete post-submission requirements

Complete requested biometrics, medical exams, or submit extra documents if asked.

Receive/activate your work permit

Get your POE letter (outside Canada) or receive the permit via mail (inside Canada).

You are a spouse of ——–

SOWP for Foreign Worker Spouses

A spousal open work permit (SOWP) allows the spouse or common-law partner of a foreign worker to work for almost any employer in Canada. However, as of January 21, 2025, eligibility is strictly limited to high-skilled or “priority sector” workers.

Who Qualifies (Post-January 21, 2025 Rules)

The principal foreign worker must meet all of the following criteria at the time of the application:

  1. Valid Work Authorization: Hold a valid Canadian work permit or a port of entry letter of introduction.
  2. The 16-Month Rule: Have at least 16 months of validity remaining on their work permit when IRCC receives the spouse’s application.
  3. Residency: Be living (or planning to live) in Canada while working.
  4. Eligible Occupation: Be employed in a high-skilled role (TEER 0 or 1) or a “priority” TEER 2/3 role.

Special Rules for PGWP Holders (Graduates)

If you are a graduate on a Post-Graduation Work Permit, your spouse’s eligibility is now tied to your current job, not just your permit.

  • Proof of Employment Required: Unlike the old rules, you must prove you are currently employed in a qualifying TEER 0, 1, or select 2/3 role (usually via a letter of employment and 3 recent pay stubs).
  • Job Offer Timing: If you apply for your PGWP and your spouse’s SOWP at the same time, you must already have a job offer in an eligible category to succeed. If you don’t have a job yet, your spouse may have to wait and apply later once you are employed.

Eligible TEER 2 & 3 Priority Sectors

For workers in TEER 2 or 3 roles, SOWPs are only granted if the job is in a priority sector, such as:

  • Health Care: (e.g., Practical nurses, dental assistants, pharmacy techs)
  • STEM: (e.g., Computer/network technicians, chemical technologists)
  • Trades & Construction: (e.g., Welders, electricians, carpenters, heavy equipment operators)
  • Education: (e.g., Early childhood educators, teacher assistants)

Note: TEER 2/3 roles in Business, Sales, or Service (like office admins or retail supervisors) are generally no longer eligible to support a SOWP.

You (the spouse/partner) must:

  • Meet the general requirements for a work permit;
  • Prove a genuine spousal/common-law relationship (e.g., marriage certificate or IMM 5409 for common-law); and
  • If applying inside Canada, have valid status, maintained status, or be eligible for restoration.

Notable exclusions/notes

  • Dependent children of foreign workers are no longer eligible for an open work permit under this measure.
  • If the worker is TEER 4 or 5 (low-skilled) and not in a qualifying PR pathway, family members generally aren’t eligible under this measure.
  • Free-trade agreement (FTA) work permits and some “transitioning to PR” situations may be treated differently and may not be impacted by the Jan 21, 2025 restrictions.

Please refer to the IRCC website for the full list of eligible NOC codes and detailed document checklists. 

There is no single fixed timeline – it varies by country and workload. However, there are standard steps to follow. 

If you need to know about the processing time, you can check our section that covers it. 

Step 1: Confirm Eligibility

  • Foreign worker meets eligibility requirements.
  • Applicant meets admissibility criteria.

Step 2: Decide when you can apply (together vs separate)

Depending on the worker’s situation, IRCC says eligible family members may be able to apply:

  • at the same time as the principal (online or at a port of entry, if eligible), or
  • separately, or after arrival in Canada.

Step 3: Choose where you’ll apply from (inside vs outside Canada)

  • If you’re in Canada, most people can no longer apply at a port of entry and must apply online for initial permits and extensions.
  • If you’re outside Canada, you may still be eligible to apply at a port of entry (only if you meet POE rules), or apply online.

Step 4: Prepare your documents (what IRCC actually checks)

IRCC will expect proof of:

  • your relationship (marriage/common-law), and
  • the principal worker’s work authorization length (examples: work permit, POE letter of introduction, etc.), and
  • the principal worker’s eligible occupation/TEER (as required by the checklist).

If you need more information on what documents you need to show, you can check our article. 

Step 5: Complete All IRCC Forms

Ensure all signatures, dates, and required fields are complete to avoid a returned application.

Step 6: Pay IRCC Fees

The total cost is $255 CAD:

  • $155 work permit fee
  • $100 open work permit holder fee

Step 7: Submit the Application Online

Step 8: IRCC completeness check (first gate)

If something required is missing, IRCC can’t properly process the application (this is where returns/delays happen). (This is why the document checklist matters.)

Step 9: Biometrics stage (if required)

You typically get a Biometrics Instruction Letter (BIL) after you submit (and pay biometrics if required). IRCC indicates they can only start processing after they receive biometrics.

Step 10: Medical exam (only if required — conditional step)

You may need an immigration medical exam if:

  • you’ll stay more than 6 months and lived/travelled for 6+ months in certain countries in the prior year, or
  • you’ll work in jobs where public health must be protected (e.g., health care/child care), regardless of travel.
    IRCC also notes you can do an upfront medical or wait for instructions, and that a medical can add 3+ months in some cases. 

Step 11: Officer review + possible extra document request (and rare interview)

IRCC may request additional documents or clarification during review. (Interviews are possible but not routine.) 

Step 12: Processing order depends on the principal worker (this is key)

  • IRCC processes the principal worker first. If the principal is refused, the spouse/family OWP can’t be approved. 
  • If refused, IRCC refunds the $100 OWP holder fee but not the $155 processing fee.

Step 13: Approval outcome

  • If Outside Canada: You get a POE Letter of Introduction. You must bring this to Canada to have your physical permit printed at the border.
  • If Inside Canada: Your physical permit is mailed to your Canadian address.

Processing times can shift a lot depending on application volume, the country you apply from, and whether extra checks (like biometrics/interview) are needed. IRCC doesn’t give one fixed timeline; use the IRCC processing-times tool for the most current estimate for your application type/location.

Where you apply from changes how you apply, whether you can apply at the border, and how you receive/activate the work permit. The options below are the core “inside vs. outside” rules for spouses/common-law partners of foreign workers.

Practical “which one should we use?”

  • Option 1: Outside Canada (online) is usually best if you want approval before travel and you’re not already eligible to apply from inside Canada.

  • Option 2: Port of entry is only for travelers who meet POE eligibility, and it’s not the route for most people already inside Canada.

  • Option 3: Inside Canada (online) is usually best if you’re already in Canada with valid status (or eligible to apply from inside) and want the permit issued by mail without needing to leave and re-enter.

Option 1: Apply from outside Canada (online before travelling)

This is the default route: anyone can apply for a work permit before entering Canada, as long as they follow the instructions for their country/region and submit the required documents.

  • What approval looks like: if the application is approved outside Canada, you receive a port of entry (POE) letter of introduction. That letter is not the work permit. The actual work permit is issued when you arrive at the Canadian port of entry and present your documents.

  • Important “activation” warning: if you used the “outside Canada” process (IMM 1295) but you’re physically in Canada when you receive the POE letter, you generally must leave Canada and re-enter to get the work permit issued, and re-entry from the U.S. or Saint-Pierre-et-Miquelon may not work for activation in some cases.

Option 2: Apply at the port of entry (POE) when you arrive (only if eligible)

Applying at the airport/land border is not available to everyone. Border applications depend on whether you’re eligible to apply at a POE (commonly visa-exempt travelers) and whether your situation/program allows it. If you’re visa-required, you generally can’t apply for a work permit at the POE and must apply from outside Canada instead.

If arriving together: when a family arrives at the POE together, everyone must be eligible to apply upon entry, and the principal worker must enter before or at the same time as family members (dependents can’t enter first).

Option 3: Apply from inside Canada (online)

Applying from within Canada is only allowed for certain people. One key eligible group is someone whose spouse/common-law partner has a valid work or study permit (which covers many foreign-worker spouse cases), but you must still meet the specific open work permit eligibility rules for spouses of workers.

  • How you apply: most in-Canada applicants must apply online (not at the border). In fact, most foreign nationals already in Canada can no longer apply for an initial work permit or an extension at a port of entry.

  • How you receive the permit: for in-Canada applications, approval is issued in the online account and the physical work permit is mailed to your Canadian address.

Travel caution: if you’re in Canada on maintained status and you leave, you can lose the ability to work when you return until a decision is made.

Extending a spousal open work permit (SOWP) for a foreign worker’s spouse is usually about keeping your status valid and aligning your permit’s end date with the principal worker’s current work authorization – especially when your SOWP was issued shorter because of passport or biometrics validity.

Under the current rules, in-Canada spouses can still extend in limited cases (you’re in Canada, your permit is shorter than the principal’s, and you apply before it expires), and online submissions must be filed before midnight (UTC) on the expiry date.

1) Check if you’re actually eligible to extend

After the January 21, 2025 rule changes, many spouses can’t “renew” just because the principal worker extended. In most cases, an extension is only available in a limited scenario:

You can apply to extend even after Jan 21, 2025 if all are true:

  • you are in Canada
  • your current open work permit is valid for a shorter period than the principal worker’s permit
  • you apply before your current permit expires

Also, the extension cannot be issued beyond the expiry of:

  • the principal worker’s permit, and
  • your passport or biometrics validity

Common example: your permit was shortened because your passport expires earlier—renew your passport first, then apply to extend.

2) Prepare the “extension package” (what matters most)

In practice, extensions succeed when you clearly show:

  • your relationship (marriage/common-law proof), and
  • the principal worker’s current valid work permit (and new expiry date), and
  • why your current permit was shorter (often passport expiry) and that you’re requesting a new end date that matches the principal’s current permit.

3) Apply online before expiry (avoid losing work authorization)

To keep legal stay (and usually the ability to keep working), your extension must be received before your permit expires. If you apply online, submission is counted by UTC—you must submit before midnight UTC on the expiry date.

IRCC recommends applying about 30 days before expiry (but not so early that it shortens your overall validity). 

For in-Canada extensions, the main form is IMM 5710 (work permit extension/change conditions).

4) Pay the right fees

Typical fees are:

  • $155 work permit (including extensions) + $100 open work permit holder fee

5) While waiting: maintained status and working

If you applied to extend before expiry and your permit expires while waiting, you generally have maintained status and can keep working under the same conditions (open work permit holders can still change employers).

Once approved, you can start working as soon as you receive the approval note in your online account – you don’t need to wait for the paper permit to arrive by mail. 

6) If your permit already expired

If you didn’t apply before expiry, you must stop working. You may be able to apply to restore status and request a new work permit, but you can’t work until restored/approved.

Key “don’t-miss” warnings

  • Extensions are mostly for fixing a shorter spouse permit (passport/biometrics-limited) to match the principal’s current permit—not a brand-new eligibility reassessment.
  • Don’t miss the UTC submission cutoff for online extensions.
  • A work permit is not a travel document—separate visa/eTA rules apply if you travel.

SOWP for International Student Spouses

Canada now limits spouse open work permits (often called a family open work permit) to specific student program types. An open work permit usually lets the spouse/common-law partner work for almost any employer, with a few employer/industry restrictions. 

1) Core eligibility checklist (must all be true)

Your spouse/common-law partner may qualify if:

  • You (the student) have a valid study permit, and
  • You are enrolled in one of the eligible program categories listed below.

2) Eligible student programs (as of January 21, 2025)

Your spouse/common-law partner may be eligible if you are:

  • In a master’s degree program of 16 months or longer, or
  • In a doctoral (PhD) program, or
  • In one of the listed university professional degree programs, including:

    • Doctor of Dental Surgery (DDS/DMD)
    • Law (LLB/JD/BCL)
    • Medicine (MD)
    • Optometry (OD)
    • Pharmacy (PharmD / BS / BSc / BPharm)
    • Veterinary Medicine (DVM)
    • Nursing degrees (BScN/BSN/BNSc/BN)
    • Education (BEd)
    • Engineering (BEng/BE/BASc)

3) Eligible pilot / special programs (explicitly listed)

Spouses may also qualify if the student is participating in one of these eligible programs, such as: 

  • Francophone Minority Communities Student Pilot (FMCSP) (outside Quebec)
  • Quebec nursing/health recognition & bridging initiatives (including the Quebec nursing recognition project)
  • Ontario Supervised Practice Experience Partnership
  • Manitoba Nurse Re-Entry (Red River College Polytechnic)
  • British Columbia bridging programs listed on the official page (e.g., internationally educated midwives/pharmacy/nursing practice programs)

4) What your spouse/partner must provide to prove eligibility

  • Proof you’re enrolled (one of: letter of acceptance, proof of enrolment, or transcripts)
  • If you’re in a pilot/special program: a letter from the province/territory or an acceptance/confirmation from a participating school/program
  • Proof of relationship (marriage certificate or evidence of common-law partnership)

5) Who usually does not qualify anymore

Generally, spouses/partners of students in most undergraduate degrees, college diplomas/certificates, and master’s programs under 16 months are not eligible under the current rules (unless they already hold an OWP issued under earlier criteria and qualify to renew under the limited renewal rules). 

There is no single fixed timeline – it varies by country and workload. However, there are standard steps to follow. 

If you need to know about the processing time, you can check our section that covers it. 

Step 1: Confirm Eligibility

International student meets eligibility requirements

  • Holds a valid study permit, and is enrolled in one eligible category:

    • Master’s degree 16 months or longer
    • Doctoral degree program
    • An eligible pilot/bridging program
    • An eligible university professional degree (e.g., DDS/DMD, LLB/JD/BCL, MD, OD, PharmD/BSc/BPharm, DVM, nursing degrees, BEd, BEng/BE/BASc)

Applicant meets admissibility criteria

  • Meets general work-permit admissibility (background/security/health, etc.)
  • Can prove the relationship (spouse/common-law partner)

Step 2: Decide when you can apply

Depending on your situation, you can apply:

  • From outside Canada (before travelling), or
  • From inside Canada (if you’re eligible to apply from within Canada)

Step 3: Choose where you’ll apply from (inside vs outside Canada)

  • If you’re applying from outside Canada: You can apply online before you enter Canada (follow any country-specific instructions).
  • If you’re applying from inside Canada: You can apply from inside Canada only if you meet the “apply from inside Canada” eligibility rules (this often includes spouses/partners of study-permit holders).

Step 4: Prepare your documents (what’s actually checked)

Expect to provide proof of:

  • The student’s enrolment, such as:
    • Letter of acceptance, or
    • Proof of enrolment letter, or
    • Transcripts
  • The student’s study permit
  • Eligible program proof (only if applying under a listed pilot/bridging program)
  • Relationship proof (marriage/common-law evidence)

If you need more information on what documents you need to show, you can check our article. 

Step 5: Complete all forms (and answer the online tool questions correctly)

  • In most cases, the spouse/partner applies online.
  • Because of a known online-application technical issue, the applicant must answer the online questionnaire exactly as instructed based on where they apply:

Step 6: Pay fees

Total (typical): $255 CAD

  • $155 work permit fee
  • $100 open work permit holder fee

(Biometrics fee may apply separately, depending on the applicant.)

Step 7: Submit the application online

  • Upload documents, pay fees, and submit through the online account.

Step 8: Completeness check (first gate)

  • If anything required is missing, the application may be returned or refused without processing (this is where many delays happen).

Step 9: Biometrics stage (if required)

  • If biometrics are required, the applicant receives instructions after submission and must complete biometrics for processing to continue.

Step 10: Medical exam (only if required — conditional step)

A medical exam may be required if, for example:

  • the applicant plans to work in certain jobs (health care, childcare, primary/secondary schools, etc.), and/or
  • the applicant has lived/travelled for extended periods in certain countries before coming to Canada
    If a medical exam is required, instructions will be issued, and it can add significant time to processing.

Step 11: Officer review + possible extra document request (and rare interview)

  • An officer reviews eligibility/admissibility and may request additional documents.
  • Interviews are possible but not routine (often only if clarification is needed).

Step 12: Approval outcome

If applying from outside Canada

  • The applicant receives a Port of Entry (POE) letter of introduction (this is not the work permit).
  • The actual work permit is issued when entering Canada.

If applying from inside Canada

If approved through in-Canada processing, the work permit is issued from within Canada (typically delivered by mail to the Canadian address on file).

There are 3 practical “where to apply” routes: outside Canada (online), inside Canada (online), or at the port of entry on arrival (only for some travellers). The best choice depends mainly on where you are physically and whether you’re visa-required or visa-exempt.

Quick “which route should we use?” guide

  1. Choose outside Canada (online) if you’re abroad (or you want approval before travel), especially if you’re visa-required.

  2. Choose inside Canada (online) if you’re already in Canada and you qualify to apply from inside (common for spouses of study permit holders).

  3. Consider POE on arrival only if you’re visa-exempt and clearly meet POE requirements.

1) Applying from outside Canada (online, before you travel)

This is the most common option if the spouse/partner is abroad.

How it works

  • You apply online as an “outside Canada” applicant.
  • If approved, you receive a Port of Entry (POE) letter of introduction. This letter is not the work permit.
  • The actual work permit is printed/issued when you arrive in Canada and present your documents to the border officer.

Important “activation” warning

  • If you applied using the outside Canada process but you’re in Canada when you get the POE letter, you generally must leave and re-enter to activate the permit.

2) Applying from inside Canada (online)

This is usually the right route if the spouse/partner is already in Canada and qualifies to apply “in Canada.”

Who can apply from inside Canada

  • People who hold valid study/work permits and their family members can apply from within Canada (but being physically in Canada alone doesn’t automatically make someone eligible).

How it works

  • Most applicants must apply online (not at the border).
  • If approved from inside Canada, the permit/document is sent to your Canadian address (in practice, this is the “in-Canada” issuance route).

Border/flagpoling trap to avoid

  • Most foreign nationals already in Canada can no longer apply at a port of entry for an initial permit or extension.
  • Travelling to the U.S. or Saint-Pierre-et-Miquelon to access border services on return is specifically listed as not allowed for POE applications.

3) Applying at the port of entry (POE) when you arrive (only if eligible)

This is only an option for visa-exempt travellers.

Who may qualify

  • You must be from a visa-exempt country or be a visa-exempt traveler, and be eligible for an eTA or to travel without a visitor visa.
  • If you need a visitor visa (TRV), you cannot apply for a work permit at the POE—you must apply from outside Canada instead.

Extending a spouse open work permit is usually possible only if the student is still eligible under the current rules and the spouse applies before the work permit expires. Here’s the clean “what matters” checklist and the step-by-step process.

1) First: confirm you’re eligible to extend under the student-spouse stream

To extend an existing spouse open work permit based on the student’s status, the international student should generally meet all of these conditions at the time the extension application is submitted:

  • The student has a valid study permit
  • The student is (or will be) physically in Canada while studying
  • The student is a full-time student
  • The student is enrolled in a PGWP-eligible program at a designated learning institution (DLI)
  • The student is not in the last term of the study program

Also:

  • The spouse/partner can’t extend beyond the study permit expiry date (the work permit end date usually aligns with the student’s study permit end date).

  • If the spouse’s current work permit was shortened because of passport expiry, renewing the passport first is often essential.

2) Gather your extension documents (what you should be ready to show)

Prepare clear proof of:

Student (principal)

  • Copy of study permit
  • Proof of enrolment (current letter) and/or recent transcripts
  • Evidence the student is full-time and in a PGWP-eligible program (often stated in the enrolment letter; otherwise supported by school documentation)

Spouse/partner (applicant)

  • Copy of current open work permit
  • Relationship proof (marriage certificate or common-law evidence)
  • Passport (make sure validity covers the extension period)

3) Apply online from inside Canada (typical extension route)

  • Apply online to extend a work permit / change conditions
  • Upload documents + pay fees
  • Submit before the current permit expires

Fees (typical):

  • $155 work permit processing fee
  • $100 open work permit holder fee
    (Total: $255)

4) While waiting: what happens to your status and ability to work

  • If you submit the extension before your current work permit expires, you can usually remain in Canada under maintained status while the application is processed.
  • In many cases, you can continue working under the same conditions while waiting (as long as you applied on time and stayed in Canada).

Travel caution: leaving Canada while on maintained status can complicate your ability to work when you return.

5) If you’re in the student’s last term, or the student is no longer eligible

If the student is in the final term or no longer meets the requirements above, an extension under the student-spouse stream may not be available. Common alternatives are:

  • Switching to visitor status, or
  • Qualifying for a work permit through a different pathway (for example, once the student becomes a worker under PGWP, eligibility may switch to the “spouse of foreign worker” rules instead).

6) If your work permit already expired

  • You generally must stop working immediately.
  • You may need to apply for restoration (if eligible), and you typically cannot work until restoration and the new permit are approved.

SOWP for Spouses of Canadian Citizens & PRs

If you’re being sponsored for Canadian permanent residence as a spouse or common-law partner and you’re living in Canada with your sponsor, you may have access to a special spousal open work permit option while your PR application is being processed. You just need to check eligibility first.

1) Sponsored person (principal applicant) must be eligible

You can usually apply inland if you:

  • Are the sponsor’s spouse (legally married) or common-law partner (you’ve lived together in a marriage-like relationship for at least 12 continuous months).
  • Are living with your sponsor in Canada (cohabiting) and plan to keep living together in Canada while the application is in process.
  • Can show the relationship is genuine (not entered primarily for immigration purposes).
  • Are not inadmissible (for example, serious criminality, security, or medical inadmissibility issues can still lead to refusal).

Status requirement (important):

  • Normally, the sponsored person must have valid temporary resident status in Canada (visitor, student, worker) or be on maintained status or eligible for restoration.
  • There is also a long-standing public policy that can allow some applicants without status to be processed inland, but only where the “problem” is essentially lack of status / related documents. Other inadmissibility grounds still apply.

Not eligible as inland:

  • Conjugal partner sponsorship is not an inland category (it’s for partners outside Canada who can’t marry or live together due to barriers beyond their control).

2) Sponsor (Canadian citizen or permanent resident) must be eligible

To sponsor inland, the sponsor generally must:

  • Be 18 or older.
  • Be a Canadian citizen or permanent resident (or registered under the Indian Act).
  • Be living in Canada (inland sponsorship assumes you’re both residing together in Canada).
  • Not be receiving social assistance (welfare), except for disability-related assistance.
  • Not be ineligible due to common bars such as:
    • being in jail/prison or under certain legal restrictions,
    • being in default of an earlier sponsorship undertaking, immigration loan, performance bond, or court-ordered support payments,
    • being undischarged bankrupt,
    • having certain serious/violent criminal convictions (especially involving family members),

being subject to the 5-year bar (if they became a PR after being sponsored as a spouse/partner within the last 5 years).

There is no single fixed timeline – it varies by country and workload. However, there are standard steps to follow. 

If you need to know about the processing time, you can check our section that covers it. 

Step 1: Submit the inland spousal sponsorship PR application (PR first)

  • Inland sponsorship must be submitted first.
  • The application goes through a completeness check.

Step 2: Receive Acknowledgement of Receipt (AOR) for the PR file (most common trigger)

  • Once the PR application passes completeness, you receive AOR (file number created).
  • This is normally when you become eligible to apply online for the sponsorship-based open work permit.

Step 3: Apply for the open work permit (3 possible entry points)

Choose the one that matches your situation:

  • Standard path (most people): apply after AOR
    Apply online for the open work permit after AOR is issued.

  • Urgent-expiry exception: apply without AOR
    You may apply without AOR only if your valid status (or work/study permit) expires in 2 weeks or less and you have already submitted the PR sponsorship application.

  •  If you don’t have valid status in Canada

If your PR file is being processed under the spousal public policy, you must wait until you receive Approval in Principle (AIP) before you can apply for the open work permit.

In this out-of-status/AIP scenario, the open work permit is typically a paper application (with an explanation letter + AIP copy).

Step 4: Pay fees and submit the OWP application

  • Submit the work permit application (online in most cases).
  • Make sure all required documents are uploaded to avoid returns.

Step 5: OWP completeness check (first gate)

  • If anything required is missing, the application can be returned without processing.

Step 6: Biometrics stage (if required)

  • If biometrics are required, you’ll receive instructions and must complete them before processing can move forward.

Step 7: Medical exam (only if required)

  • A medical exam is not automatic. If required, instructions are sent.
  • This step can significantly extend processing in some cases.

Step 8: Officer review + possible document request / interview (not routine)

  • An officer reviews eligibility and may request extra documents.
  • Interviews are possible but not standard.

Step 9: Decision and receiving the work permit (in-Canada outcome)

  • If approved from inside Canada, the work permit is issued through in-Canada processing and mailed to your Canadian address (approval will also appear in your online account).

Step 10: If you need to extend later (common PR still-in-process scenario)

  • You may be able to extend the sponsorship-based open work permit for 2 more years if:
    • you have AOR, and
    • the PR application is still in process (no final decision yet).

Where you apply from matters. The rules for applying inside Canada vs. outside Canada can change what you’re eligible for, what documents you’ll need, and whether you can apply online or at the border.

  1. Applying inside Canada (this is the normal/eligible route)

You can usually apply from inside Canada if all of the following are true:

  • You’re the spouse/common-law partner (or conjugal partner) being sponsored for PR
  • You are living in Canada with your sponsor (cohabiting)
  • Your PR sponsorship application has been accepted for processing (normally evidenced by an AOR)
  • You have valid temporary resident status, maintained status, or you’ve applied for and are eligible for restoration

How it works (inside Canada)

  • You apply online (this is the standard process)
  • Your approval appears in your online account, and the physical work permit is issued through the in-Canada process (typically mailed to your Canadian address)

Important exception (still “inside Canada”)

  • If your status/work/study authorization will expire in 2 weeks or less, you may be able to apply without AOR (only in that narrow urgent-expiry situation, and only if the PR application has already been submitted).
  1. Applying outside Canada (generally not available for this category)

If you are outside Canada, you generally can’t apply for this sponsorship-based open work permit from abroad, because eligibility depends on:

  • living in Canada with your sponsor, and
  • having in-Canada temporary status/maintained status/restoration eligibility, and
  • having a PR file in process (normally AOR).

What people typically do instead

  • Enter Canada first as a temporary resident (visitor/student/worker) if eligible
  • Live with the sponsor in Canada
  • Once the PR application is accepted for processing (AOR) and you meet the in-Canada status rules, apply for the open work permit from inside Canada
  1. Port of entry (border/airport) rule for this category

This inland sponsorship-based open work permit is not meant to be requested at the border as a “walk-up” work permit. Even if someone is travelling, the correct process is to apply through the in-Canada work permit process once eligible (AOR/urgent-expiry exception/AIP scenario).

  1. Special case: if you’re out of status in Canada

If you don’t have valid status and you’re relying on the inland public policy that can still allow processing, you generally must wait until Approval in Principle (AIP) before you can apply for the open work permit (often as a paper process, depending on instructions).

The extension process of SOWP for spouses who applied for spousal sponsorship differ from the other 2 categories. 

1) Check if you qualify to extend (the eligibility test)

You can extend this open work permit for 2 more years if all of the following are true:

  • You already have an open work permit issued under this inland sponsorship public policy, and
  • You have received the AOR for your PR sponsorship application, and
  • Your PR application is still being processed (no final decision has been made yet).

If your PR application has already been finalized (approved/refused/withdrawn), this 2-year extension option generally won’t apply.

2) Apply before your current permit expires (to avoid losing work authorization)

  • Submit the extension before the expiry date of your current work permit.
  • If you apply online, your submission must be made before midnight (UTC) on the day your permit expires (UTC is not the same as local time).
  • A practical best practice is to apply about 30 days before expiry (but avoid applying so early that it shortens your overall validity).

3) What to prepare (documents that usually matter most)

Have these ready in your upload package:

  • AOR letter (proof your PR file passed completeness and is in process)
  • Proof your PR file is still in process (generally shown by your online account status + no final decision)
  • Copy of your current open work permit
  • Copy of your passport (your permit cannot be extended past passport expiry)
  • Proof you are still living in Canada with your sponsor (often helpful if requested later)

4) Fees (what you typically pay for an open work permit extension)

For an open work permit (including extensions), the common fee structure is:

  • $155 work permit processing fee
  • $100 open work permit holder fee
    (Total: $255 CAD)
    Biometrics fees apply only if you’re required to give biometrics.

5) While you’re waiting (maintained status + working)

If you applied to extend before the permit expired:

  • You can usually stay in Canada under maintained status while a decision is made.
  • You can usually keep working under the same conditions while waiting.
  • Because it’s an open work permit, you can generally change employers and jobs.

When your extension is approved, you can typically start working as soon as you receive the approval notice in your online account—you don’t need to wait for the paper permit to arrive.

6) If your permit already expired

  • You must stop working immediately if you’re still in Canada and didn’t apply before expiry.
  • You may be able to apply to restore your status as a worker (restoration has strict rules and is not guaranteed).
    You generally cannot work again until restoration and the new work permit are approved.

7) Common mistakes to avoid

  • Applying to extend without AOR (extensions under this policy require AOR).
  • Trying to extend after a PR decision is already made.
  • Letting your passport expire too soon (it can cap your new work permit validity).
  • Missing the online UTC cutoff on your expiry date.

Requirements, Processing time & Fees

Document Checklist Requirements

IRCC generates a personalized document checklist in your online account based on how you answer the questionnaire. You do not need to upload the IRCC PDF checklist itself. Officers may also request additional documents during processing.

1) Always Required (All SOWP Applications)

These documents are required regardless of the SOWP category:

✔ Identity & Status

  • Passport (biographical pages + pages with stamps/visas)
  • Digital photo (if requested)
  • Proof of current status in Canada (if applying inside Canada: current visa/permit/visitor record)

✔ Application Forms

  • Inside Canada: IMM 5710 (work permit form)
  • Outside Canada: IMM 1295 (work permit form)

✔ Relationship Proof

  • Marriage certificate or Statutory Declaration of Common-Law Union (IMM 5409)

✔ Translations

  • Translations for any document not in English/French with translator’s declaration

✔ Fees & Biometrics

  • Proof of payment of work permit fees
  • Biometrics receipt (if required)

2) Category-Specific Required Documents

Spouse of a Foreign Worker

  • Copy of the principal applicant’s valid work permit or port of entry letter
  • Proof of sufficient remaining work authorization in Canada
  • Employer letter confirming job duties and applicable NOC/TEER classification

Spouse of an International Student

  • Proof of enrolment (Letter of Acceptance, enrolment letter, or transcripts)
  • Copy of the student’s valid study permit (if applying from inside Canada)
  • Proof of participation in an eligible program or pilot, if applicable

Open Work Permit During Spousal PR Sponsorship (In-Canada)

  • Acknowledgment of Receipt (AOR) confirming the spousal permanent residence application is in process

3) Optional (Recommended) Supporting Documents

These are not strictly required by IRCC in every case but can strengthen your application or satisfy officer queries:

Relationship Evidence

  • Joint lease/mortgage agreements
  • Joint bank statements or shared financial accounts
  • Joint utility bills
  • Photographs together over time
  • Travel history showing shared trips

Principal Spouse Employment Support (for worker category)

  • Recent pay stubs
  • Employment contract
  • Company letter with duties & NOC description

Status & Travel History

  • Entry/exit stamps from passports
  • Previous Canadian visas/permits

Health & Security (if applicable)

  • Proof of medical exams completed (if requested by IRCC)

Notes

  • IRCC may request additional documents after you apply. Always check your IRCC account messages.
  • Do not upload irrelevant documents; only submit what is asked or clearly supports your eligibility.

Always follow IRCC’s exact upload specifications and answer the online questionnaire accurately.

IRCC Processing Time

Immigration, Refugees and Citizenship Canada (IRCC) publishes regularly updated processing time estimates through its official online tool. These estimates are not guaranteed timelines, but they provide a general indication of how long it may take to process a complete application from submission to final decision.

Because processing times can vary depending on the type of Spouse Open Work Permit, estimated timelines for each eligibility category are outlined above on this page.

What Can Affect SOWP Processing Time?

Actual processing times may vary based on factors such as:

  • whether the application is submitted from inside or outside Canada
  • the specific SOWP category being applied under
  • the completeness and accuracy of the application
  • whether biometrics or a medical exam are required
  • IRCC’s overall application volume at the time of submission

Delays most commonly occur due to missing documents, incomplete forms, unpaid or incorrect fees, or untranslated documents, as well as when IRCC needs to request additional information.

Applicants should always refer to the official IRCC processing time tool for the most current estimates and ensure their application is complete before submission to avoid unnecessary delays.

IRCC Application Fees

When you apply for a Spouse Open Work Permit (SOWP), you must pay the required fees set by Immigration, Refugees and Citizenship Canada (IRCC). These fees are non-refundable once the application is submitted, even if the application is refused. You can find the most up-to-date fee information on the official IRCC website.

As of the latest official guidance, the standard application fees for an open work permit (including SOWP) are:

  • Work permit processing fee: CAD 155
  • Open work permit holder fee: CAD 100
  • Total (standard): CAD 255 (processing fee + holder fee)

Additionally:

  • Biometrics fee may apply if IRCC requests biometrics (fingerprints and photo) and you have not provided valid biometrics recently.

Fees are subject to change, and the amounts you must pay will be automatically calculated and presented in your online application before you submit it. Always verify the fees in your IRCC account and on the linked official IRCC page before payment.

Application Status Tracker

After submitting your Spouse Open Work Permit (SOWP) application, you can track its progress using IRCC’s official tools. Most updates will appear in your IRCC secure online account (GCKey or Sign-In Partner).

Key updates may include:

  • Requests for additional documents
  • Biometrics instructions
  • Medical exam requests (if applicable)
  • Final decision on the work permit application

Unlike permanent residence applications, Spouse Open Work Permit applications do not use the PR Application Status Tracker. Instead, status updates are primarily communicated through your online IRCC account.

In some cases, limited information may also be available through Client Application Status (CAS). If updates are unclear or delayed, applicants may contact IRCC using the web form or phone support for confirmation.

RightWay Canada is recognized as one of Toronto’s premier immigration firms, trusted by thousands of families – including over 1,000 spousal open work permit clients who have successfully started their career in Canada through our guidance.

Our Licensed Immigration Consultants provide a personalized, detail-oriented approach supported by a full Case Processing Team, ensuring every application receives the attention it deserves. Couples can choose from our popular Spousal Open Work Permit Packages to match their budget and support needs:

  • The Full Package: Complete end-to-end representation where we handle everything from forms and letters to full post-submission support.

  • The Do-It-Yourself Guided Program: A guided process for self-applicants that includes a personalized checklist, secure portal access, and expert feedback.

  • The Peace of Mind Review: A professional final review of your completed application to ensure accuracy before you hit submit.

Thanks to transparent pricing and exceptional client care, RightWay Canada has consistently ranked among the “3 Best Rated” services and earned the Top Choice Award in 2022 and 2024.

Ready to begin? Connect with our team, explore our fees, or book a consultation to start career in Canada with confidence.

A Spouse Open Work Permit (SOWP) application may be refused if an immigration officer is not satisfied that the applicant meets the eligibility requirements under Canadian immigration regulations and applicable public policies. Most refusals are not based on fraud, but on eligibility, documentation, or compliance issues at the time of assessment.

Principal applicant not eligible
Because a SOWP is tied to the principal applicant’s status in Canada, refusals often occur when the principal does not meet current requirements, such as:

  • insufficient remaining validity on the principal’s work/study permit
  • ineligible occupation (NOC/TEER) or ineligible study program
  • loss of valid status in Canada

Student or sponsorship-specific issues
Refusals can also happen due to category-specific requirements, for example:

  • student not enrolled full-time or proof of enrolment is outdated/unclear
  • missing or invalid Acknowledgment of Receipt (AOR) for in-Canada spousal sponsorship OWP cases
  • PR application returned/incomplete or other eligibility conditions not met

Insufficient proof of relationship
While IRCC does not do a full relationship assessment for SOWP the way it does for PR sponsorship, officers must still be satisfied the relationship legally exists. Refusals may occur due to:

  • missing marriage certificate or common-law declaration (IMM 5409)
  • inconsistent dates, addresses, or relationship timelines across documents

Missing or inadequate documentation
Applications may be refused when required documents are missing, unclear, expired, or uploaded incorrectly, including:

  • missing translations or incomplete translation package
  • unpaid/incorrect fees, missing biometrics completion, or medical exam requirements (if applicable)
  • poor-quality scans or wrong document uploaded to the wrong placeholder

Temporary resident intent or compliance concerns
Even though it’s an open work permit, applicants must still show they will comply with conditions. Concerns may arise due to:

  • prior immigration non-compliance (overstay, unauthorized work/study, etc.)
  • inconsistent travel or status history
  • weak explanation of plans and compliance, especially for out-of-Canada applications

Application errors or technical issues
Refusals may also result from:

  • incorrect answers in the online questionnaire
  • selecting the wrong application category
  • uploading documents to incorrect sections (leading to assessment under the wrong criteria)

When people say “appeal” a SOWP refusal, they usually mean one of the options below. In most cases there is no formal right of appeal, since this is a temporary resident decision.

Reapplying (most common option)
Reapplying is often the most effective route when the issue was eligibility proof or documentation. A stronger reapplication typically focuses on:

  • fixing omissions or mistakes from the first application
  • providing clearer/stronger evidence (e.g., updated employer letter or enrolment proof)
  • directly addressing the concerns raised in the refusal

Request for reconsideration (limited use)
This may be appropriate when there is a clear error, such as:

  • an officer appears to have overlooked a document that was submitted
  • a clear factual/procedural mistake is identifiable

Reconsideration is discretionary and IRCC is not required to change the decision.

Judicial review (rare)
Judicial review at the Federal Court may be considered only in limited situations involving legal/procedural error or an unreasonable decision. Key points:

  • it is not a re-assessment of the application
  • the Court does not approve permits
  • if successful, the file may be returned to IRCC for reassessment

Important Note

Before taking any further action, applicants should carefully review the refusal reasons and, where appropriate, request IRCC case notes (commonly referred to as GCMS notes) through an Access to Information request to better understand the officer’s decision. Reapplying without addressing the original refusal grounds significantly increases the risk of another refusal.

As of late 2025, Canada has implemented significant restrictions on Spousal Open Work Permits (SOWP) to better align temporary residency with labor market needs and housing capacity. The most sweeping changes took effect on January 21, 2025.

The eligibility for spouses of temporary foreign workers – including those on Post-Graduation Work Permits (PGWP) – is now strictly tied to the principal applicant’s job skill level and work permit duration.

  • TEER Level Requirements: The principal worker must be employed in:
    • TEER 0 or 1: Management or professional occupations.
    • Select TEER 2 or 3: Only specific “in-demand” occupations in sectors like healthcare, construction, natural sciences, and education.
    • Note: Spouses of workers in TEER 4 or 5 (low-skilled/service roles) are no longer eligible.
  • The “16-Month Rule”: At the time of the spouse’s SOWP application, the principal worker’s permit must have at least 16 months of validity remaining.
  • Proof of Employment: The principal applicant must provide a job offer or proof of current employment (pay stubs, employer letter) in an eligible NOC code.
  • Exemptions: These restrictions do not apply to:
    • Spouses of workers under Free Trade Agreements (e.g., CUSMA).
    • Workers who have already applied for Permanent Residence (PR) and are at the “transition” stage.

In an effort to reduce the volume of temporary residents, the government has significantly narrowed which students can bring their spouses on a work permit.

  • Eligible Programs: Only spouses of students enrolled in the following are eligible:
    • Master’s programs that are at least 16 months in duration.
    • Doctoral (PhD) programs.
    • Select Professional Degree programs: Includes specific degrees like Law (LLB/JD), Medicine (MD), Nursing (BScN), Engineering (B.Eng), and Education (B.Ed).
  • Ineligible Programs: Spouses of students in undergraduate (Bachelor’s), college diploma, or certificate programs are no longer eligible for an OWP.
  • Grandfathering: If the spouse already held a SOWP before the January 21, 2025 deadline, they may be eligible to renew it to match the student’s study permit duration, provided the criteria remain the same.

The policy for spouses being sponsored for Permanent Residence from within Canada remains the most flexible, as it is viewed as a pathway to family reunification.

  • Public Policy Eligibility: If you are being sponsored under the Spouse or Common-Law Partner in Canada Class (SCLPC) or the Family Class (and are living in Canada), you can apply for an OWP.
  • The AOR Requirement: To apply, the sponsored spouse must have received the Acknowledgement of Receipt (AOR) letter from IRCC, confirming that the PR application is complete and being processed.
  • Living Together: The couple must be residing at the same address in Canada.
  • Status Maintenance: If the spouse’s current status (visitor/worker) is expiring, they can apply for the OWP to gain “maintained status,” allowing them to remain in Canada legally while the PR and work permit applications are processed.

Biometrics & Medicals: All SOWP applicants must provide biometrics (if not done in the last 10 years) and may require an upfront medical exam if they intend to work in healthcare or with children.

Frequently Asked Questions

Find answers to the most common questions about the Spousal Open Work Permit (SOWP) in Canada

Most spouse open work permit applications are processed within 3 to 8 months, depending on where the application is submitted, the principal applicant’s status, and application completeness. Processing times may be longer if biometrics, medical exams, or additional background checks are required. Learn more

IRCC does not publish an official success rate for spouse open work permits, but approval rates are generally high when eligibility is clear and documentation is strong. Most refusals are caused by weak relationship evidence or incomplete applications. Learn more

As of January 21, 2025, Canada’s spouse open work permit rules have tighter eligibility: spouses of international students qualify only if the student is in certain long or professional programs, and spouses of foreign workers qualify only if the worker is in high-skill or priority occupations with sufficient permit duration. These changes aim to align temporary residence with labor market needs. Learn more

A spouse’s open work permit is most often refused due to ineligible principal applicants, weak relationship evidence, or incomplete applications. Most refusals can be avoided with proper eligibility assessment and strong documentation. Learn more

To apply for a spouse open work permit, you must confirm eligibility, prepare proof of your relationship and your spouse’s legal status in Canada, and submit an online application to IRCC. Processing steps and document requirements vary depending on the principal applicant’s situation. Learn more

Yes, you can extend a spousal open work permit if your spouse still meets eligibility requirements and you apply before your permit expires. Extensions depend on whether the original qualifying conditions continue to apply. Learn More

There is no fixed amount of funds required for a spouse open work permit, but applicants must show they can financially support themselves (and any accompanying family) in Canada without relying on public assistance. Proof typically involves bank statements, income documents, and evidence of financial stability. Learn More

You should apply for a spouse open work permit as soon as the principal applicant meets eligibility requirements and you have all supporting documents ready. Applying early helps reduce delays and avoid status or eligibility issues. Learn More

Applying simultaneously from either inside or outside Canada is generally illogical because you cannot yet provide the mandatory 2025 evidence of your approved PGWP, 16 months of permit validity, and three high-skilled paystubs. If an officer reviews the SOWP application before your PGWP is officially finalized, they will almost certainly reject it because the “Principal Applicant” (you) does not yet hold the required status or employment proof.

To avoid a refusal on your spouse’s record and a waste of fees, the only safe strategy is to wait until your PGWP is approved and you have your job documents in hand before they apply. Learn More

You can study without a permit for programs under six months or if you applied for your SOWP by June 7, 2023, under a specific public policy. For longer programs outside these exceptions, you will need a study permit, but as an in-Canada work permit holder, you are generally exempt from the Provincial Attestation Letter (PAL) requirement. Most importantly, holding an SOWP allows you to work full-time while you study, bypassing the off campus 24-hour weekly work limit that applies to regular international students. Learn More

Eligibility for a Spousal Open Work Permit is now restricted to three primary categories: spouses of international students in advanced programs, spouses of foreign workers (excluding their dependent children), and partners under in-Canada spousal sponsorship. Under 2025 rules, student eligibility is limited to Master’s, PhD, or select professional degrees, while foreign workers typically must hold 16 months of permit validity in a high-skilled or shortage-sector role. Conversely, those on a permanent residency pathway or under in-Canada sponsorship are granted more flexibility, requiring only six months of validity or proof of a submitted PR application. Learn More

TEER levels (job classifications) are the primary gatekeeper for Spousal Open Work Permits (SOWP) for foreign workers, requiring the principal applicant to hold a TEER 0 or 1 role, or a select TEER 2 or 3 position in a priority sector such as healthcare, construction, or STEM. To qualify, the worker’s permit must also have at least 16 months of validity remaining at the time of application, and they must provide recent paystubs and an employment letter as proof. However, an exception exists for those on a Permanent Residency (PR) pathway, where the TEER level requirement is waived and the permit validity requirement is reduced to just six months. Learn More

As of January 21, 2025, Spousal Open Work Permit (SOWP) eligibility for international students is strictly restricted to partners of those enrolled in PhD programs, Master’s degrees of at least 16 months, or select professional university degrees like Law, Medicine, and Engineering. Consequently, spouses of students in standard undergraduate programs, college diplomas, or post-graduate certificates are generally ineligible for an OWP under these new regulations. To secure or extend status, students must maintain full-time enrollment and apply before their final term, with the resulting work permit typically matching the duration of the student’s study permit. Learn More

Starting January 21, 2025, SOWP eligibility is strictly limited to spouses of students in PhD programs, Master’s degrees (16+ months), and specific professional degrees such as Medicine, Law, or Engineering. Spouses of students in standard undergraduate, diploma, or certificate programs – including Master’s degrees shorter than 16 months – are generally ineligible for this permit. Applicants must provide proof of the student’s full-time enrollment, apply before the final term of study, and note that applications submitted before the 2025 deadline are exempt from these new restrictions. Learn More

As of January 21, 2025, Spousal Open Work Permit (SOWP) eligibility is strictly limited to partners of international students in PhD, 16-month Master’s, or select professional degree programs (such as Law and Medicine) who are not in their final academic term. Foreign workers can support an SOWP if they hold at least 16 months of permit validity in a high-skilled or shortage-sector role, though this requirement is reduced to six months for those already on a designated Permanent Residency (PR) pathway. Additionally, spouses under Inland Sponsorship qualify once they receive an Acknowledgment of Receipt (AOR), or sooner if their current status expires within 14 days of their PR application submission. Learn More

As of January 21, 2025, spouses of international students in PhD, 16-month Master’s, or select professional programs, as well as foreign workers in high-skilled or shortage-sector roles with 16 months of permit validity, can apply for an SOWP from outside Canada. However, this outland pathway is not available for In-Canada Spousal Sponsorship applicants, and approved foreign applicants receive a Letter of Introduction that must be exchanged for a physical permit at the border upon arrival. To succeed, applicants must prove “dual intent” and their partner’s eligibility while securing the necessary TRV or eTA to travel. Learn More

Google Icon
Google Rating
4.9
Based on 684 reviews