If you are the spouse or common-law partner of a foreign worker or an international student in Canada, you may be eligible to apply for a Spousal Open Work Permit (SOWP) and work in Canada for any employer without a job offer.

There are several SOWP programs available, including:

Spouses or common-law partners of skilled workers (C41)

If your spouse or common-law partner is working in Canada or coming to Canada as a skilled worker, you may apply for an open work permit without a job offer. To be eligible, your partner must have a valid work permit for at least six months and work in a job that falls under National Occupational Classification (NOC) skill level 0, A, or B. You must also plan to reside in Canada while working.

Spouses or common-law partners of full-time students (C42)

If your spouse or common-law partner is an international student studying full-time at a designated learning institution in Canada, you may be eligible for a SOWP. You can work in Canada without a job offer, but you must be living with your partner while working. There is no need for an offer of employment before issuing a work permit.

Spouses or common-law partners under the inland spousal sponsorship

If you have applied under the spouse or common-law partner in Canada class and live in Canada with temporary resident status, or you are eligible to restore your temporary resident status, you may be eligible for a SOWP. You can apply for a work permit at the same time as your sponsorship application.

Spouses or common-law partners of open work permit holders

If your spouse or common-law partner holds an open work permit (such as a post-graduation work permit or a working holiday work permit), you may be eligible for a SOWP. You can work in Canada without a job offer, but your spouse or partner must be employed in a skilled occupation (NOC 0, A, or B).

Spouses or common-law partners of provincial nominee work permit holders

If your spouse or common-law partner has been nominated for permanent residence by a province and holds a work permit, you may be eligible for a SOWP. You can work in Canada without a job offer, and there is no skill level requirement for the principal applicant’s occupation.

Spouses or common-law partners of Atlantic Immigration Pilot (AIP) work permit holders

If your spouse or common-law partner is an AIP participant and is employed in a NOC skill type 0, A, B, or C position, you may be eligible for a SOWP.

Spouses or common-law partners of bridging open work permit (BOWP) holders

If your spouse or common-law partner has obtained a BOWP, you may be eligible for a SOWP. The eligibility requirements depend on the principal foreign worker’s occupation and the NOC skill level.

Note that each program has specific eligibility requirements that you must meet before applying for a SOWP.

Validity

The validity of your work permit may be issued to coincide with the same period as your spouse or partner’s work or study permit.
At HOI, our immigration experts can assist you in determining your eligibility for a Spousal Open Work Permit and guide you through the application process. Contact us today to book a consultation.