Eligibility for Open Work Permits

Immigration minister Marc Miller has announced new restrictions for open work permits (OWP) in order to address labour shortages in Canada. Family members of foreign workers and international students in Canada are only eligible to apply for their own work permits in specific situations. Time to look at these options in more detail!

Terminology

Foreign nationals, who are neither citizens nor permanent residents of Canada, require a valid work permit to legally work in Canada. There are generally two options to obtain a work permit:

  • the Temporary Foreign Worker Program (TFWP), wherein the Canadian employer applies for a Labour Market Impact Assessment (LMIA) in order to hire a foreign worker, and
  • the International Mobility Program (IMP), which covers various exemptions that let employers hire a foreign worker without an LMIA.
LMIA-based work permits and most LMIA-exempt work permits are employer specific. This means that the foreign national can only work for the employer named on their work permit. By contrast, an open work permit (OWP) allows a foreign national to legally work in Canada for any employer and in any job, making them the preferred choice. The options to apply for open work permits, however, are very limited. Common open work permit types are the Working Holiday category of the International Experience Canada (IEC) program, the Post-Graduation Work Permit (PGWP) for students who have graduated from an eligible program and designated learning institution in Canada, and the Bridging Open Work Permit (BOWP) for certain economic class permanent residence applicants. Less common are the open work permit for vulnerable workers or for destitute students who are no longer able to meet the costs of your studies. Two other options are based on your spouse or common-law partner, and their status in Canada.

Spouses or common-law partners of international students or foreign skilled workers in Canada may be eligible to apply for the so-called Spousal Open Work Permit (SOWP). No Labour Market Impact Assessment (LMIA) is required for this type of work permit application as no employer is named on the work permit. The LMIA exemption code is C41 for spouses of foreign skilled workers, and C42 for spouses of international students.

On the other hand, if your spouse or partner is a Canadian citizen or Permanent Resident, they can sponsor you for permanent residence (PR). If you are already in Canada and applying for PR under Family Sponsorship, you may be able to apply for an Open Work Permit (OWP) on the basis of your permanent residence application. Previously, only inland applicants under spousal sponsorship are eligible for these open work permits, and the program has now been extended to those who have applied from outside of Canada (outland). The LMIA exemption code here is A70.

The difference between the two is the status of the spouse or common-law partner in Canada:

  • Foreign worker or student: SOWP
  • Canadian citizen or PR: OWP with PR application under spousal (family) sponsorship

OWP under Family Sponsorship

If you are applying for permanent residence as a sponsored spouse or common-law partner of a Canadian citizen or permanent resident, you have the option to apply for an open work permit when you come to live with your sponsor in Canada. Dependent children are also eligible to apply if they meet the minimum working age in their province or territory. This OWP is generally issued for a duration of 2 years to allow for the processing time of your permanent residence application. To apply, the principal applicant must provide the Acknowledgment of Receipt (AOR) letter of the submitted PR application. An exception can be made if the applicant is already in Canada with a work permit expiring within two weeks. In this case, other evidence can be provided that the PR application was submitted, such as a fee payment receipt or confirmation e-mail.

Spousal Open Work Permit (SOWP)

As mentioned above, the SOWP applies to spouses or common-law partners of international students or foreign skilled workers. A temporary measure that expanded eligibility to work in Canada to spouses and dependent children for workers at all skill levels has now ended. As of January 21, 2025, spouses and common-law partners of low-skilled workers as well as dependent children are no longer eligible to apply.

International Students

On the student side, spousal open work permits (SOWP) are now only available to spouses and common-law partners of international students in master's and doctoral programs, restricting eligibility for partners of students in other study levels, including undergraduate and college programs. For the spouse or common-law partner to be eligible, international students must be enrolled in 

• master’s programs that are 16 months or longer

• doctoral programs, or

• select professional and eligible programs such as specific Bachelor's degrees in healthcare, engineering or education.

Foreign Workers

Foreign workers must be working in a skilled positions classified under Training, Education, Experience and Responsibilities (TEER) category 0, 1, 2 or 3 of the National Occupational Classification (NOC) system. Specifically, SOWPs are now limited to spouses of foreign workers who are employed in

• TEER 0 or 1 occupations, or

• select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities

These sectors and priorities include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors, such as  

  • technologists and technicians
  • skilled tradespeople
  • technical occupations in therapy and assessment
  • Early Childhood Educators
  • medical assistants
  • teachers assistants
  • machinery and equipment operators
  • coaches and athletes
  • truck drivers, bus drivers and train operators

In addition, the foreign worker must also have at least 16 months remaining on their work permit at the time when their spouse applies for the SOWP. The Spousal Open Work Permit will be issued with the same expiry date as the spouse’s or common-law partner’s study or work permit.

Other Applicants 

Spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be impacted by these changes. Existing open work permits for family members that were approved under the previous measures and have not expired will remain valid. Applications received before January 21, 2025 will continue to be processed under the previous eligibility criteria.


These changes aim to reduce the share of temporary residents from 6.5% of Canada’s total population to 5%. The federal government is taking action to manage the recent increase of temporary residents since the COVID-19 pandemic and hold employers misusing the system accountable. Steps include reforming the International Student Program, tightening eligibility requirements for temporary foreign workers, enforcing employer compliance more strictly, and making labour market impact assessments more rigorous to mitigate fraud.

Looking to apply for an open work permit? Contact us to determine your eligibility!

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