What is an open work permit for spouses?
An open work permit for spouses allows the partner of a foreign worker or student to work for any employer in Canada, in the position of their choice, for a period equivalent to that of the principal applicant's (worker or student) permit.
The term "partner" includes a spouse or common-law partner. A common-law partner is defined as an unmarried person who has lived with the principal applicant for at least 12 consecutive months in a conjugal relationship. Proof of the common-law relationship must be provided as part of an immigration application.
This permit therefore facilitates family reunification for temporary stays in Canada.
Eligibility Requirements
Initially, accompanying dependent children could also apply for an open work permit. Now, they must apply separately 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 present in Canada during their employment.
In addition, the worker must plan to work in one of the following occupations:
FEER 0 or 1, which considers the occupation "skilled" for immigration purposes;
FEER 2 or 3, if the occupation is on the list of occupations considered to be in demand. (The list can be found here.)
If these conditions are not met, the spouse cannot obtain an open work permit.
Requirements for International Students
The principal applicant must be enrolled in one of the following programs:
A master's program of at least 16 months;
A doctoral program;
One of the eligible professional programs, including bachelor's degrees in health, law, education, or engineering.
Students enrolled in short, general, or ineligible 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, those in the process of obtaining permanent residence, or those already holding a work permit under a pathway to permanent residence (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 an open work permit.
He can, however, settle in Canada as a visitor. This status allows him to remain legally in the country, but does not give him the right to work or study.
To be authorized to work or study, the spouse will have to undertake his own immigration process.
