Spousal Open Work Permit

Many students and their spouses/common-law partners will choose to apply together (for a Study Permit and Spousal Open Work Permit) before travelling to Canada. In this case, if the applications are approved, the study and work permits will be issued upon arrival in Canada and the spouse can begin working right away. 

Temporary Resident Visa (TRV) -exempt foreign nationals can apply for the Spousal Open Work Permit (SOWP) when arriving in Canada. If approved, it will be issued immediately. 

Some spouses/common-law partners will enter Canada as visitors and apply for the work permit later. In this case, the application can be made at any time (but it is important to ensure their visitor status is still valid when they apply). Your spouse can only begin work after they receive the work permit.

IRCC provides estimated processing times for applications made either before or after entering Canada. 

• IF APPLYING BEFORE ENTERING CANADA – Application for a Work Permit made outside Canada (IMM1295)  
• IF APPLYING AFTER ENTERING CANADA – Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM5710)
  • Look for the title at the top of the application, or the code at the bottom-left corner of each page.  

• IF APPLYING BEFORE THE START OF STUDIES – Letter of Acceptance to degree program (for the student) 
• IF APPLYING AFTER THE START OF STUDIES – Confirmation of full-time enrollment (for the student)
  • Should be available from Registrar’s Office or department (for graduate students). 

• Proof of relationship
  • Marriage certificate; or, 
  • Declaration of Common-Law Union (IMM5409) 

• Copies of pages from your passport or travel document
  • Including the biographical data page and all pages with visas, stamps or markings (the passport should be valid for at least 6 months beyond the expected date of arrival to Canada).   
  • If your spouse or common-law partner has a new passport, they can provide copies from both their new and old passports, but put the new passport first, and mark it as ‘New Passport’ if possible.  

• Passport-style photograph
  • Taken within the last six months following IRCC recommendations. The frame size specifications do not apply for digital photos. 

Your spouse or common-law partner may need other documents, including, but not limited to:  

• Biometrics (digital fingerprints and photographs)
  • Required by most temporary resident applicants (excluding US citizens) unless they have already submitted them to IRCC in the past 10 years.   
  • If required, an $85 CAD collection fee must be paid.  IRCC provides additional details about requirements and exemptions.  
  • Due to the COVID-19 pandemic, in-Canada applicants are currently exempt from the biometric requirement. 

• Immigration medical exam results (see section below). 

Applications made before or after entering Canada are made online.  

IF APPLYING BEFORE ENTERING CANADA – Review IRCC’s instruction guide for a work permit application submitted outside Canada.

IF APPLYING AFTER ENTERING CANADA – Review IRCC’s instruction guide for a work permit application submitted inside Canada.

Applications made upon arrival in Canada are submitted in person. See details about this possibility in the FAQs below. 

If your spouse/common-law partner is planning to work with children, or patients in the health services field, they must have an immigration medical exam. They will also require one if they have been in a ‘designated’ country for at least 6 of the past 12 months. 

IRCC provides details about who requires immigration medical exams, who can offer them, and more. 

If your spouse/common-law partner requires one, they can book the appointment before submitting their application, or they can do so once requested by IRCC. It is usually a good idea to do so in advance. 

If your spouse/common-law partner had an immigration medical exam within the 12 months prior to applying for their work permit, they should include proof (i.e. a copy of their medical receipt). Failure to do so may result in processing delays or the rejection of their application.

Note: A temporary public policy for immigration medical exams (IME) until October 6, 2024 may exempt eligible in-Canada applicants from the IME requirement.

If your spouse/common-law partner is required to provide biometrics, they’ll get a Biometric Instruction Letter after submitting their application and paying the $85 CAD biometric collection fee. The letter can be used to book a biometric appointment at any Visa Application Centre (VAC) or Application Support Centre (ASC) outside Canada or a Service Canada office within Canada.

Immigration officers may ask you or your spouse/common-law partner for additional documentation to make a decision about their application. 

If your spouse/common-law partner needs to notify IRCC about a change, or ask about the status of their application, they can use IRCC’s web form.

IRCC will notify them through their IRCC account that the application was approved.  

If the application was submitted outside Canada, IRCC will request their passport if they require a Temporary Resident Visa (TRV), or they will associate an Electronic Travel Authorization (eTA) with your spouse/common-law partner’s passport. The SOWP will be issued when they arrive in Canada. 

If the application was submitted inside Canada, the SOWP will be mailed to the Canadian mailing address provided in the application. This process could take as long as 6 weeks. 

If the application is submitted at the border, the SOWP will be issued immediately. 

Once your spouse/common-law partner receives their Spousal Open Work Permit, they should remember to apply for a Social Insurance Number (SIN).

See temporary policy change above. Note that the level of work required has changed. Proof of employment for the PGWP Applicant/Holder is still required.

You can apply for an extension of your spouse/common-law partner’s stay in Canada at the same time as you apply for your PGWP or they can apply separately (but before their existing status expires). Make sure you include all appropriate documentation and the required fee for each person in the application. 

A spouse/common-law partner of someone with/applying for a PGWP only qualifies for the Spousal Open Work Permit if the graduate already has an offer for or has started ‘skilled work’ (jobs in categories 0, A, or B in the National Occupational Classification). In this case you may choose to apply together with your spouse/common-law partner (for a Post-Graduation Work Permit and Spousal Open Work Permit) and, if the applications are approved, the Post-Graduation and Spousal Open Work Permits will be issued together. 

• If your spouse/common-law partner already has a work permit, they can continue working until a decision is made. If their work permit is approved, they can continue working without interruption. 

A spouse/common-law partner of someone with/applying for a PGWP that has not yet received an offer for or started ‘skilled work’ (jobs in categories 0, A, or B in the National Occupational Classification) is not eligible to apply for a Spousal Open Work Permit. If their existing permit is nearing expiry, they can apply to extend their status as a visitor.

• If your spouse or common-law partner already has a work permit, they can continue working only until that permit expires. 

Once you have ‘skilled work’, your spouse/common-law partner can then apply for a Spousal Open Work Permit. 

If your spouse/common-law partner is currently in Canada on visitor status (i.e. does not have a work permit), they can only begin working once their work permit is issued. 

IRCC provides estimated processing times for applications made either before or after entering Canada. 

See temporary policy change above. Note that the level of work required has changed. Proof of employment for the PGWP Applicant/Holder is still required.

• IF APPLYING FROM WITHIN CANADA – Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM5710)  
• IF APPLYING FROM OUTSIDE CANADA – Application for a Work Permit made outside Canada (IMM1295)
  • Look for the title at the top of the application, or the code at the bottom-left corner of each page.  

• Proof of graduate’s skilled employment (jobs in TEER categories 0, 1, 2, or 3 in the National Occupational Classification)
  • Job offer or employment letter detailing job title and responsibilities (to confirm it is considered ‘skilled work’) 

• Proof of relationship
  • Marriage certificate; or, 
  • Declaration of Common-Law Union (IMM5409) 

• Copies of pages from your passport or travel document
  • Including the biographical data page and all pages with visas, stamps or markings (the passport should be valid for at least 6 months beyond the expected date of arrival to Canada).   
  • If your spouse/common-law partner has a new passport, they can provide copies from both their new and old passports, but put the new passport first, and mark it as ‘New Passport’ if possible.  

• Passport-style photograph
  • Taken within the last six months following IRCC recommendations. The frame size specifications do not apply for digital photos. 

Your spouse or common-law partner may need other documents, including, but not limited to:  

• Biometrics (digital fingerprints and photographs)
  • Required by most temporary resident applicants (excluding US citizens) unless they have already submitted them to IRCC in the past 10 years.   
  • If required, an $85 CAD collection fee must be paid.  IRCC provides additional details about requirements and exemptions.  
  • Due to the COVID-19 pandemic, in-Canada applicants are currently exempt from the biometric requirement. 

• Immigration medical exam results (see section below). 

Applications made within or outside Canada are made online.  

IF APPLYING FROM WITHIN CANADA – Review IRCC’s instruction guide for a work permit application submitted inside Canada. 

IF APPLYING FROM OUTSIDE CANADA – Review IRCC’s instruction guide for a work permit application submitted outside Canada. 

Applications made upon arrival in Canada are submitted in person. See details about this possibility in the FAQs below. 

If your spouse or common-law partner is planning to work with children, or patients in the health services field, they must have an immigration medical exam. They will also require one if they have been in a ‘designated’ country for at least 6 of the past 12 months. 

IRCC provides details about who requires immigration medical exams, who can offer them, and more. 

If your spouse or common-law partner requires one, they can book the appointment before submitting their application, or they can do so once requested by IRCC. It is usually a good idea to do so in advance. 

If they had an immigration medical exam within the 12 months prior to applying for their work permit, they should include proof (i.e. a copy of their medical receipt) with their application. Failure to do so may result in processing delays or the rejection of their application. 

A temporary public policy for immigration medical exams (IME) until October 6, 2024 may exempt eligible in-Canada applicants from the IME requirement.

If your spouse/common-law partner is required to provide biometrics, they’ll get a Biometric Instruction Letter after submitting their application and paying the $85 CAD biometric collection fee. The letter can be used to book a biometric appointment at any Visa Application Centre (VAC) or Application Support Centre (ASC) outside Canada or a Service Canada office within Canada.

Immigration officers may ask you or your spouse or common-law partner for additional documentation to make a decision about their application. 

If you or your spouse or common-law partner need to notify IRCC about a change, or ask about the status of their application, you can use their web form. 

IRCC will notify you through your IRCC account that the application was approved.  

If the application was submitted outside Canada, IRCC will request your spouse or common-law partner’s passport if they require a Temporary Resident Visa (TRV), or they will associate an Electronic Travel Authorization (eTA) with their passport. The SOWP will be issued when your spouse or common-law partner arrives in Canada. 

If the application was submitted inside Canada, the SOWP will be mailed to the Canadian mailing address provided in the application. This process could take as long as 6 weeks. 

If the application is submitted at the border, the SOWP will be issued immediately. 

Once your spouse or common-law partner receives their Spousal Open Work Permit, they must remember to apply for a new or extended Social Insurance Number (SIN).