Spousal Open Work Permit

Foreign spouses and common-law partners of temporary foreign workers and international students who want to work in Canada require an open work permit under Canadian immigration regulations. Open work permits allow foreign spouses to work for almost any employer in Canada. This work permit may be valid for different lengths based on the employer and the circumstances around the applicant’s employment.

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

Spouses or common-law partners of skilled workers who are coming to Canada or already working in Canada can apply for an open work permit without needing a job offer. If the principal foreign worker is eligible, a dependent spouse or common-law partner can also apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41.

  • Holds a work permit that is valid for a period of at least 6 months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of 6 months.
  • Is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0, A or B.
  • Physically resides or plans to physically reside in Canada while working.

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

Spouses or common-law partners of international students studying in Canada may apply for an open work permit. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labor Market Impact Assessment (LMIA) exemption code C42 if their spouse/common-law partner is a study permit holder and is a full-time student at:

  • A public post-secondary institution, such as A college / trade/technical school / university / CEGEP in Quebec.
  • A private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec.
  • A private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization.
  • A Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s, or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Work permits may be issued with a validity date to coincide with the spouse’s study permit.

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