Spousal open work permit: how to immigrate to Canada as a couple in 2026

Have you received a job offer to work in Canada or a letter of acceptance to pursue studies there? Are you planning to come to Canada temporarily accompanied by your partner? The spousal open work permit is one of the main options that allows your partner to accompany you and work legally during your temporary stay in Canada.

What is a spousal open work permit?

The spousal open work permit allows the partner of a foreign worker or international student to work for any employer in Canada, in the job of their choice, for a duration equivalent to that of the principal applicant’s permit (worker or student).

The term partner includes both spouses and common‑law partners. A common‑law partner is an unmarried individual who has lived with the principal applicant for at least 12 consecutive months in a conjugal relationship. As part of an immigration application, proof of the common‑law relationship must be provided.

This permit therefore facilitates family reunification during a temporary stay in Canada.

Eligibility requirements

Previously, accompanying dependent children could also apply for an open work permit. This is no longer the case: dependent children must now submit their own applications if they wish to work.

Requirements for foreign Workers

The principal applicant must hold a valid work permit for at least 16 months at the time the spouse’s application is submitted and must be physically residing in Canada while employed.

In addition, the worker must be employed in a position classified as:

• TEER category 0 or 1, considered a skilled occupation for immigration purposes; or
• TEER category 2 or 3, provided the occupation appears on the list of occupations considered to be in demand (the list can be consulted here).

If these conditions are not met, the spouse will not be eligible for an open work permit.

Requirements for international students

The principal applicant must be enrolled in one of the following programs:

• A master’s degree program lasting at least 16 months;
• A doctoral (PhD) program;
• An eligible professional program, including undergraduate programs in health, law, education, or engineering.

Students enrolled in short‑term, general, or non‑eligible programs do not allow their spouse to obtain an open work permit.

Applicable exemptions

Spouses or common‑law partners of workers covered by free trade agreements, or those in the process of obtaining permanent residence or already holding a work permit linked to a permanent residence pathway (such as CSQ – Quebec Selection Certificate holders or provincial nominees) may apply for an open work permit.

Conclusion: what are your options if your spouse is not eligible?

If the worker or student does not meet the eligibility criteria, the spouse cannot obtain a spousal open work permit.

However, the spouse may still come to Canada as a visitor. This status allows them to remain legally in Canada but does not grant the right to work or study.

To work or study in Canada, the spouse must undertake their own immigration process.

Have questions about your eligibility and that of your spouse? Would you like to explore your available options? Contact our professionals for guidance.