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Spousal Open Work Permit in Canada: Who Qualifies in 2026

There are two separate spousal open work permits. One is for the spouse of a skilled foreign worker, and since 21 January 2025 it depends on the worker's TEER category and on the worker's permit having at least 16 months left. The other is for a spouse already living in Canada who is being sponsored for permanent residence. Each costs $155 plus the $100 open work permit holder fee (IRCC fee list, 21 September 2026).

"Spousal open work permit" is a search phrase that covers two different IRCC measures. They have different eligibility tests, different pages, and different people they apply to. Mixing them up is the commonest reason people read the wrong rules.

The first measure is for the spouse or common-law partner of a foreign worker who holds a Canadian work permit. The second is for a spouse, common-law partner or conjugal partner who lives in Canada and is being sponsored for permanent residence. This guide explains both as IRCC describes them, using the pages IRCC published or updated in 2026, and sets out what changed on 21 January 2025.

It describes the rules. It does not tell you whether you or your spouse qualify, and it is not a substitute for a licensed adviser reading your actual permits and documents. Rules in this area have changed several times since 2024, so check the dated IRCC pages linked below before you rely on anything here.

Two different permits under one name

An open work permit lets the holder work for almost any employer in Canada, as opposed to an employer-specific permit tied to one job. Family members can get one in several ways. Two of them matter for most searches on this topic.

Route 1: spouse or common-law partner of a worker. This is the measure that changed in January 2025. IRCC's page "Open work permits for family members of foreign workers" (page date 12 June 2026) sets out who can apply. The family member is the applicant, and the eligibility test is mostly about the worker they are joining.

Route 2: spouse waiting for a sponsorship decision in Canada. IRCC's page on the open work permit for a sponsored spouse (page date 17 April 2026) covers "a spouse, common-law partner or conjugal partner living in Canada who's being sponsored for permanent residence." Here the test is about the relationship and where the person is in the permanent residence process, not about the sponsor's job.

The spousal sponsorship application itself is a separate process with its own fees. Our guides to spousal sponsorship (inland and outland) and to its costs explain that process. This article covers only the work permit.

Route 1: the worker's occupation (TEER) test

TEER stands for Training, Education, Experience and Responsibilities. It is the part of Canada's National Occupational Classification that sorts jobs into categories from 0 to 5. IRCC's page for spouses of workers states the rule in terms of the worker's job:

  • TEER 0 or 1. The page says any high-skilled occupation in TEER category 0 or 1 qualifies the worker's spouse.
  • TEER 2 or 3. Only occupations on the lists published on the IRCC page qualify. If the worker's occupation is TEER 2 or 3 and not on those lists, this route is not available on the page's wording. The lists change, so read them on the day you apply. We do not reproduce them here because a copied list goes out of date.
  • TEER 4 or 5. Not mentioned as qualifying on the page.

Two narrower categories appear on the same page with their own effective dates. Spouses of foreign-trained medical professionals recruited by Quebec (NOC 31301, 32103 and 32120) are covered under separate instructions effective 25 May 2026. Spouses of workers on certain significant investment projects in British Columbia are covered from 23 March 2026, in any TEER level, and for them the 16-month requirement below does not apply.

The worker's TEER category comes from the occupation on the worker's permit and the job they actually do, so it is a fact about their situation that you read off their documents. IRCC's own tool for finding a NOC code is on canada.ca.

Route 1: the 16-month rule and other conditions

The second test on the worker route is about time. IRCC's page says the worker's work permit or authorization to work "must be valid for at least 16 months after we receive your spouse or common law partner's open work permit application." The page notes that some exceptions apply for certain permit holders and for people authorized to work without a permit. The exceptions named above (Quebec medical professionals and the British Columbia investment projects) do not need to meet the 16-month requirement.

In practice this is a counting exercise. Take the date IRCC would receive the application, add 16 months, and compare it with the expiry date printed on the worker's permit. A worker whose permit expires in 14 months from that date does not meet the test as written, even if the worker's employer plans to extend it. The page does not describe waiting for a renewal to be approved as a way around the rule.

The applicant also has to meet IRCC's general work permit requirements, be in a genuine relationship with the worker, and, if applying from inside Canada, have valid status, maintained status or be eligible for restoration. Our guides to maintained status and restoration of status explain those two concepts.

The same IRCC page lists situations in which the worker does not qualify a spouse for this permit. They include a worker who is an international student holding a study permit, one who is working on or off campus without a work permit, one who has applied for a post-graduation work permit but has no positive decision yet, one who holds a spousal open work permit, and one with a refugee claim referred to the Immigration and Refugee Board or an unenforceable removal order. Because the list is long and specific, read it in full on IRCC's page rather than relying on a summary.

What changed on 21 January 2025

Articles and videos from before 21 January 2025 describe an older, broader rule. IRCC's current page says that since 21 January 2025, "as of January 21, 2025, your dependent child, or their dependent child, are no longer eligible" under this measure.

The page also says that family members already in Canada may still extend their work permit if their current permit expires before the worker's and they apply before it expires. So the change is not described as cancelling permits people already hold; it is described as narrowing who can newly qualify.

Many people searching "spousal open work permit 2026" are looking for how this change affects a family that arrived before it. The honest answer from the page is that the detail depends on the permit the person already holds and its dates. That is a question for a licensed adviser looking at the documents, or for IRCC. We do not say who is grandfathered because the page does not give a general rule for it.

Route 2: the sponsorship open work permit

IRCC's page on the open work permit for sponsored spouses (page date 17 April 2026) describes a different test. The applicant is "a spouse, common-law partner or conjugal partner living in Canada who's being sponsored for permanent residence." The applicant must be in a genuine relationship with the sponsor, be included in the permanent residence application, and live in Canada with the sponsor. An accompanying dependent child of the principal applicant can also be eligible if the principal applicant meets the same conditions, and the child must live with the principal applicant and the sponsor.

The page says the applicant cannot use this route if the permanent residence application was refused, withdrawn or returned, or if they plan to apply at a port of entry.

When to apply. Once you have the acknowledgement of receipt (AOR) letter for the sponsorship application, the page says you can apply for the open work permit online through your IRCC account. There is one exception: you may apply without an AOR if your work permit, study permit or temporary resident status expires in two weeks or less, and you applied under the spouse or common-law partner in Canada class or as a spouse or partner sponsored from overseas.

Out-of-status applicants. If the person is out of status and the permanent residence application is processed under the spousal public policy, the page says to wait for the approval in principle letter before applying, and to apply on paper.

Extension. The page says the permit can be extended "for 2 more years under this public policy" if the listed criteria are met. It also says an applicant cannot apply for an open work permit under another public policy or pilot at the same time.

Which of the two routes (if either) fits a particular couple depends on facts we cannot see, including both partners' status, dates, and which sponsorship stream was used. That is why the pages invite you to read the eligibility criteria carefully, and why many people have the file checked by a licensed adviser before applying.

Fees: what the list says

From the IRCC fee list (date modified 21 September 2026):

  • Work permit, including extensions: $155.00 per person.
  • Open work permit holder fee: $100.00.
  • Biometrics: $85.00 per individual, with a maximum of $170.00 for a family of two or more applying together.

An open work permit therefore involves the $155 work permit fee and the $100 open work permit holder fee, which add up to $255. If biometrics are required, add the biometrics fee. IRCC's instructions in your account say whether biometrics are required for your application.

These are IRCC fees only. Costs set by others, such as an immigration medical exam where one is required, police certificates, translations and any fee a representative charges, are not on the IRCC list and vary. IRCC fees are paid to the government, and none of the amounts above includes a representative's fee.

Paying a representative. Using a representative is optional. If you do hire one, IRCC's Use of a Representative form (IMM 5476) has to be filed so IRCC can talk to them. Our guide to IMM 5476 explains it. Only a licensed consultant, a lawyer or a notary, or a student-at-law under supervision, may be paid to advise or represent you on a Canadian immigration application; our guide to checking an RCIC licence explains how to verify one.

Common ways applications go wrong

These are patterns visible from the way IRCC words its pages, not statistics about refusals.

Counting from the wrong date. The 16-month test counts from the date IRCC receives the application, not the date the couple decides to apply and not the date the worker started the job. A permit that looked long enough at the start of preparation can fall short by the time the application lands.

Assuming the TEER category from a job title. The test uses the NOC occupation, which is not always the same as the title on an employment letter. Two jobs with similar titles can sit in different TEER categories. Read the NOC code on the worker's permit or LMIA and check the IRCC lists for TEER 2 or 3.

Applying under the wrong route. A spouse who lives in Canada and is waiting for a sponsorship decision may meet Route 2 but not Route 1, and the reverse. The pages are separate and the permits are separate.

Letting status lapse. For people applying inside Canada, the page requires valid status, maintained status or eligibility for restoration. Waiting past an expiry date changes which of those applies.

Using an old source. Articles and videos from before 21 January 2025 describe a broader rule. IRCC's page notes the change, so anything older than that is likely to be wrong on children and on the TEER test.

When a regulated adviser is worth considering

Plenty of people file these applications themselves from the IRCC pages. People often consider a regulated adviser when the worker's occupation sits at the TEER 2 or 3 boundary, when the permit has less than 16 months left and a renewal is pending, when status has lapsed, or when more than one family member is affected by the 2025 change. A licensed adviser can read the permits and the NOC code and explain how the rules apply to those documents. They must give you a written consultation agreement stating their fee before they start (Code of Professional Conduct, section 23).

Before booking anyone, check that they appear on the College register as entitled to practise, or on a law society register. Migratio's directory links each listed adviser to their register entry.

If you want a regulated adviser to look at your own documents, the Migratio directory lists licensed Canadian immigration consultants (RCICs) and lawyers, with their College or law society details so you can check the register yourself. Migratio is a directory and booking service. It is not an immigration consultant and does not give advice on individual cases.

Questions people ask

Can my spouse get an open work permit if I have a work permit?

It depends on your occupation and your permit. IRCC's page (12 June 2026) says any TEER 0 or 1 occupation qualifies, TEER 2 or 3 qualifies only if the occupation is on the lists on that page, and your permit must be valid for at least 16 months after IRCC receives the application, with some exceptions. Read the page against your own permit.

Can dependent children get an open work permit under the spousal measure?

IRCC's page says that since 21 January 2025, dependent children and their dependent children are no longer eligible under the worker-spouse measure. On the sponsorship route, an accompanying dependent child of the principal applicant can be eligible if the principal applicant meets the conditions.

How much does a spousal open work permit cost?

On the IRCC fee list dated 21 September 2026, the work permit fee is $155 and the open work permit holder fee is $100, which is $255 together. Biometrics are $85 per person, up to $170 for a family of two or more. Medical exams and other third-party costs are extra.

Can my spouse apply for an open work permit while sponsorship is in process?

IRCC's page (17 April 2026) describes an open work permit for a spouse, common-law partner or conjugal partner living in Canada who is being sponsored for permanent residence. It says you can generally apply once you have the acknowledgement of receipt letter, with listed exceptions and conditions.

Is a spousal open work permit the same as a PGWP?

No. A post-graduation work permit is for graduates of eligible Canadian schools. A spousal open work permit depends on the spouse's relationship to a worker or to a sponsor. They have different eligibility tests and different IRCC pages.

Sources

Last checked 2026-10-09.

Related guides

  • Spousal Sponsorship in Canada: Inland vs Outland, Eligibility and the Process — A Canadian citizen or permanent resident who is 18 or older and lives in Canada can sponsor a spouse, common-law partner, conjugal partner or dependent child. Spouses and common-law partners can be sponsored in the 'in Canada' class (IRPR s.124) or the family class from outside; the choice depends on residence and status, and the appeal rights differ.
  • Spousal Sponsorship Cost in 2026: Every Government Fee and What Else to Budget For — On the IRCC fee list (modified 2026-09-21), sponsoring a spouse or partner costs $1,260 including the right of permanent residence fee, or $660 without it, plus $180 for each dependent child and biometrics of $85 per person (family maximum $170). Medical exams, police certificates, translations and any adviser fees are extra and set by others.
  • Maintained Status in Canada: Working and Studying While You Wait — If you apply to extend your stay before it expires and IRCC hasn't decided by the expiry date, IRPR s.183(5) extends your authorized stay until the day of the decision and you keep your status and conditions. You can keep working or studying only under the same conditions, you must stay in Canada, and the right ends on the day a refusal is made.
  • Restoration of Status in Canada: The 90-Day Window — If you lose temporary resident status, IRPR s.182 lets an officer restore it if you apply within 90 days and meet the conditions. IRCC's fees are $246.25 for a visitor, $396.25 for a student and $401.25 for a worker (restoration plus permit), and you may not work or study until the restoration and any permit are approved.
  • Work Permit Refused in Canada: What Happens Next — There is no appeal from a work permit refusal. IRCC's two stated options are to apply again with new information or to seek judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside it. If you were in Canada, your right to keep working usually ends on the day of the decision.
  • IMM 5476, Use of a Representative: what the form asks and how it is submitted — IMM 5476 tells IRCC that someone may act for you on an application, paid or unpaid. You complete the applicant sections, your representative signs their own declaration, and a paid representative must give their membership ID from the College, a law society or the Chambre des notaires. The same form is used to cancel or change a representative.
  • How to check an RCIC licence on the College's Public Register — Search the consultant on the College of Immigration and Citizenship Consultants Public Register (register.college-ic.ca). Only people with an "Active" status and "Yes" in the "Entitled to Practise" column may legally give you immigration advice for a fee. Then contact them using the details on the register, not the ones in an ad or a message.