Spousal Open Work Permit

Starting January 21, 2025 the Spousal Open Work Permit Program underwent major changes

To explain the rules as short and comprehensible as possible, this info post only focuses on IEC participants (that includes the Working Holiday) 

Firstly, there are two important things to note:

  • Applications received before January 21, 2025, will be processed under the previous eligibility criteria.
  • If your open work permit was already approved and hasn’t expired, it stays valid.

Common questions for IEC participants

What is the spousal open work permit (SOWP)?

The Spousal Open Work Permit (SOWP) is an open work permit under the International Mobility Program (IMP), that allows the spouse of temporary workers to work in Canada.  

The International Mobility Program (IMP) is an LMIA exempt stream, meaning, no expensive or lengthy LMIA process is needed. The work permit category from the spouse does not matter (it can be an open work permit like the Working Holiday or a closed work permit).

However, there are two restrictions that you must be aware of. 

There will be a restriction, that applies to all participants and will be printed on the bottom of the work permit: 

“Not valid for employment in businesses related to the sex trade such as strip clubs, massage parlours or escort services”

In other words, it means you can’t work for employers, who offer striptease, erotic dance, erotic massages, or escort services. This restriction is a strict rule and cannot be removed from the work permit. 

Another restriction that will be printed on the work permit is 

“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations.”

It means you can’t work in health care, child care or elderly care jobs. This restriction can be removed if you get a medical exam as part of your application. More on this topic here > on this page <. 

What are the main requirements for the spousal open work permit? ​

  1. At the time of application, your partner must have a work permit still valid for at least 16 months.
  2. The job of the partner must be in

What is acceptable proof of 'genuine relationship'?

Depending on what your relationship is, one of the following must be provided:

What can be used as proof of a common-law relationship?

  • shared ownership of residential property
  • joint leases or rental agreements
  • bills for shared utility accounts, such as:
    • gas
    • electricity
    • telephone
    • joint utility accounts
  • important documents for both of you showing the same address, such as:
    • driver’s licenses
    • insurance policies
  • identification documents

Does the job have to be a full-time job?

No. It can also be a part time job.

Possible example scenarios in which this type of work permit can be applied for:

  • In the IEC process, only one of the partners is invited from the pool
  • In the IEC process, a partner receives a longer work permit
    • Example: Australia gets 2 years work permit and Germany only gets 1 year. The German partner can apply for the SOWP to get the same length as the Australian work permit. 
  • One of the partners has two citizenships and can participate in the IEC process once again.
  • The citizenship of one partner does not take part in the IEC program.

What if the partner quits or changes jobs? Does the Spousal Open Work Permit expire?

No. The partner must be employed by the employer until approval of the SOWP.

After the SOWP has been approved and issued, it does not expire or become invalid if the partner quits their job or changes jobs. The work permit will remain valid until the expiry date printed on it. 

If I have a work permit under the Working Holiday category, does my spouse also have to meet the age requirement like I had to?

No. There is no age requirement for this work permit. The spousal open work permit (SOWP) is a different kind of work permit that is not connected to the International Experience Canada (IEC) program requirements. Your spouse can be any age when they are applying for this work permit. 

How can I apply for the spousal open work permit?

There are two options to apply for the spousal open work permit. 

  • Online either from outside Canada or from inside Canada
  • At the airport when you fly to Canada together from an international destination

Instructions on how to apply as a partner of an IEC participant > here

Can I apply for the Spousal Open Work Permit at the US border via flagpoling?

Unfortunately this is not an option anymore. The Canadian government ended flagpoling for new work permits on December 24, 2024. The announcement can be found > here <. From within Canada you must apply online. 

How long will the spousal open work permit be valid for?

The spousal open work permit is connected to the partner’s work permit. So if your partner has a 2-year work permit, you will also get an open work permit of 2 years. However, the work permit cannot be issued past the expiry of your passport. In other words, if your passport is only valid for another 12 months, you will get an open work permit for 12 months. 

If my passport is not valid long enough, can I extend the work permit?

Yes, if your spousal open work permit was issued for a shorter time due to the passport expiry, you can extend the spousal open work permit to reach the maximum time of the work permit of your partner.

You first must apply for the new passport. In addition, those are the two very important requirements:

  • You are in Canada. 
  • You apply to extend before your initial work permit expires.

If my partner extends the work permit, can I get an extension too?

No, it will not be an extension, but you can apply for a new spousal open work permit again. Your partner and you have to meet all requirements again, for example the length of the partner’s work permit. 

Note, if you are already in Canada with another work permit and want to apply for the spousal open work permit online.

You should apply for the Spousal Open Work Permit (SOWP) online before the expiry of the existing work permit.

After applying for the Spousal Open Work Permit (SOWP), you can profit from the so called maintained status (starting from the expiry of the current work permit). This means you can continue to work until a decision has been made on the SOWP application.

During maintained status, you can only continue to work under the same conditions as with your expired work permit.

  • If you’re in Canada on a Working Holiday work permit (open work permit), you’re allowed to work for other employers.
  • If you are in Canada with a closed work permit that is tied to one employer, you are not allowed to change employers. Only after the Spousal Open Work Permit is approved and mailed to you.

If you apply for the Spousal Open Work Permit after the existing work permit has already expired, there is no maintained status and you have to wait until you have received the Spousal Open Work Permit before you can start working again.

Can I leave Canada while I wait for the decision on my spousal open work permit?

Yes, you can leave Canada and come back as long as you still have an active work permit.

However, as soon as the maintained status kicks in, you should not leave Canada, because you are going to loose that maintained status. Maintained status kicks in after the current work permit expires.

You can no longer work after you re-enter! At the border, you will be questioned like any other visitor upon entry. I emphasize: You are then only allowed to enter as a visitor, you are no longer allowed to work and have to wait until the Spousal Open Work Permit is approved. It is at the discretion of the border officials whether they let you back into Canada as a tourist. 

Tip on how you can double your stay in Canada

Let’s use Susan and Michael from Australia to show it in an example.

  • Susan applies for and activates the 2 year Working Holiday work permit
  • Michael enters as a visitor first 
  • After Susan found a job, Michael applies for a spousal open work permit that will have the same expiry as Susan’s work permit.
  • About one year into the work permits, Michael applies for the Working Holiday
  • Then Susan can use the spousal open work permit.
  • Bang! 4 years of stay in Canada. This is enough time to go the permanent residency pathway.

Do I also need health insurance for the Spousal Open Work Permit (SOWP)?

No, health insurance is not mandatory for the SOWP. However, it is recommended to have one because medical expenses in Canada are enormously high. And if you apply at the border, the immigration officers could ask for proof of insurance and refuse the spousal open work permit if you cannot show this proof. 

>> Here are the insurance options << that have been recommended a lot by other travellers. If you are already in Canada, you need an already travelling policy, which you can also sign up outside of your home country. Not many insurers allow this.

Important additional information

  • If the partner who wants to enter as a visitor first, is not from a visa-free country, they must apply for the tourist visa from home at the embassy if they are a citizen of these “visa-required” countries >here<. 
  • Processing of a visitor visa can take many months, so this must be taken into consideration when planning the move to Canada. 

Where can I find the official information about the Spousal Open Work Permit?

Always and only trust the official government website. All information can be found > here

Job List in TEER 2

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