Spousal Open Work Permit
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.