Last checked against IRCC guidance: October 5, 2026
Canada tightened its spousal open work permit rules on January 21, 2025, and those rules still apply in 2026. Many couples who would have qualified before no longer do. This guide explains who can still get a spousal open work permit (SOWP), who can’t, and what it costs.
The short version
- Spouses and common-law partners of students qualify only if the student is in a master’s program of at least 16 months, a doctoral (PhD) program, or certain professional degree programs.
- Spouses of foreign workers qualify only if the worker is in a TEER 0 or 1 job, or in an eligible TEER 2 or 3 job in a priority sector. The worker must also have at least 16 months left on their work permit when the spouse applies.
- Dependent children of workers no longer qualify for their own open work permits under these family rules.
- The usual cost is CAD 255, made up of a CAD 155 work permit fee and a CAD 100 open work permit holder fee. You’ll also pay CAD 85 for biometrics if you need to give them.
Spouses of international students
Your spouse or common-law partner must be studying full time in one of these programs:
| Student’s program | Does the spouse qualify? |
|---|---|
| Master’s program of 16 months or longer | Yes |
| Master’s program shorter than 16 months | No |
| Doctoral (PhD) program | Yes |
| Eligible professional degree, such as Medicine (MD), Dentistry (DDS/DMD), Law (LLB/JD), Optometry (OD), Veterinary Medicine (DVM), Pharmacy (PharmD), Nursing (BScN), Education (BEd) or Engineering (BEng) | Yes |
| College diploma or most bachelor’s programs | No |
IRCC has continued to clarify how it applies these rules, including program length and extensions. If the student is close to finishing their program, check the latest IRCC instructions before you apply.
Spouses of foreign workers
The worker (the principal applicant) must:
- work in a TEER 0 or TEER 1 occupation (management and most professional jobs), or
- work in an eligible TEER 2 or TEER 3 occupation in a sector facing labour shortages or government priorities, such as natural and applied sciences, construction, health care, natural resources, education, sports or the military, and
- have at least 16 months of validity remaining on their work permit when the spouse applies.
Use the official NOC code of the worker’s job, not just the job title. IRCC decides eligibility by NOC and TEER level.
Who is exempt from the stricter rules
Some spouses can still qualify under other provisions, including:
- spouses of workers covered by certain free trade agreements, such as CUSMA
- spouses of principal applicants in some permanent residence pathways
- certain renewals where the family member already holds a permit and the principal still meets the conditions
These exceptions are narrow. Check that yours applies before you apply.
What it costs
| Fee | Amount (CAD) |
|---|---|
| Work permit processing fee | 155 |
| Open work permit holder fee | 100 |
| Biometrics (if required) | 85 |
| Typical total | 255–340 |
How to apply
- Confirm eligibility. Check the student’s program and length, or the worker’s NOC/TEER code and permit expiry date.
- Gather documents. You’ll need proof of your relationship (a marriage certificate, or common-law evidence such as a shared lease), your partner’s study or work permit, and an enrolment letter or employment letter showing the program or NOC.
- Apply online through your IRCC account and pay the fees.
- Give biometrics if IRCC asks you to.
- Plan renewals early. Your permit usually can’t last longer than your partner’s permit. Start any extension well before it expires.
What this means for couples
- Choosing a program: students who want their spouse to work in Canada should check that a master’s program is at least 16 months long before enrolling.
- Choosing a job: workers in non-priority TEER 2–5 roles should expect their spouse to need their own work permit, such as an employer-specific permit with an LMIA.
- Older advice is out of date. Before January 2025, almost any student’s or worker’s spouse could get an open work permit. That’s no longer true.
Frequently asked questions
Can my spouse work for any employer?
Yes. A spousal open work permit isn’t tied to one employer, but it’s usually limited to the length of your own permit.
My partner is in a 12-month master’s program. Can I get an SOWP?
Not under the student rules. The program must be at least 16 months long.
Can our child get an open work permit?
Not under the family open work permit rules for workers’ dependent children. A child may need to qualify through another permit type.
How we checked this guide
We based this guide on IRCC’s family open work permit rules that took effect on January 21, 2025, and IRCC’s current fee schedule, and cross-checked later reporting on how IRCC applies them in 2026. Rules can change at short notice, so confirm the latest on canada.ca before you apply.
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Official sources to check before you apply or travel
- Immigration, Refugees and Citizenship Canada (IRCC)
- GOV.UK foreign travel advice (entry requirements by country)
- U.S. State Department travel advisories
Visa rules, fees, processing times and entry requirements change often. Always confirm the current requirements on the official government website, or with the embassy or consulate, before you apply, pay or travel. One Visa Center is an independent information site, not a law firm or government agency, and this article is not legal advice. Read how we research, fact-check and use AI tools in our Editorial Policy.
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