Work Permit - Open Work Permit for Family Members of Foreign Workers in Canada

The Canadian government allows certain family members of foreign workers legally employed in Canada to apply for an Open Work Permit (OWP) – a work permit not tied to a specific employer.

However, the eligibility requirements have changed since January 21, 2025. Not all spouses of work permit holders are still eligible as before.

1. What is an Open Work Permit for family members?

Open Work Permit for family members allows:

• Spouse or legal partner of a foreign worker
• Work for any employer in Canada.
• No LMIA required.

This OWP (Out of Work) is directly dependent on the status of the primary worker.

2. Timing of policy changes

• Effective 05:00 UTC, January 21, 2025: New conditions apply to Open Work Permits for family members.
• If the application is submitted before January 21, 2025, IRCC will continue to process it, applying the old conditions. If the OWP has already been granted and has not expired, it remains valid.

3. Who is considered an eligible “family member”?

According to canada.ca, those eligible to apply for an Open Work Permit include:

• Legal spouse
• Common-law partner

(Dependent children are not eligible for an Open Work Permit, but rather for study or family visit.)

4. Conditions for the PRIMARY EMPLOYEE

Whether a spouse is granted an Open Work Permit depends on the primary worker, based on two main sets of conditions:

A. Workers must have a valid work permit in Canada.

Include:

• Employer-specific work permit
• Post-Graduation Work Permit (PGWP)
• Other valid work permit types according to IRCC

B. Workers must be employed in an occupation that qualifies under the NOC (TEER)

Under current regulations, a spouse is only eligible for OWP if the primary employer is employed in:

All sectors:

• TEER 0
• TEER 1

Some of the designated fields include:

• TEER 2
• TEER 3

The TEER 2 & TEER 3 lists do not apply to all occupations, but only to specific occupation codes published by IRCC (engineering, medical, construction, industrial, transportation, education, etc.). If a spouse does not work in an occupation specified by the TEER code, they will not be eligible for an Open Work Permit.

LIST HERE

5. In the case of employees with PGWP

• The PGWP does NOT automatically help spouses obtain an Open Work Permit.
• Individuals with a PGWP must be employed.
• And that job must be a qualifying TEE.

👉 If you only have a PGWP but are not working, or are working at the wrong TEER, your spouse will not be eligible for an OWP.

6. Regarding Permanent Resident (PR) applications

In some cases, spousal eligibility also depends on whether the worker has applied for or is currently pursuing PR through IRCC-recognized economic programs, including:

• Canadian Experience Class (CEC)
• Federal Skilled Worker Program
• Federal Skilled Trades Program
• Provincial Nominee Program (PNP)
• Atlantic Immigration Program
• Agri-Food Pilot
• Start-Up Visa Program
• Rural and Northern Immigration Pilot
• Rural Community Immigration Pilot (RCIP)
• Francophone Community Immigration Pilot (FCIP)
• Home Child Care Provider / Home Support Worker Pilot
• Quebec Skilled Workers & Quebec Investors
• A person with a CSQ and who has applied for PR.

7. What if I don't qualify for an Open Work Permit?

If a spouse does not qualify for OWP, they may:

• Submit another work permit (if eligible).
• Apply for a visitor visa (non-work visa)
• Submit your study permit (if you are going to study).

8. Points requiring special attention

Common mistakes that lead to rejection:

• Incorrect NOC code identification
• Thinking that having a PGWP is enough
• It cannot be proven that the worker is employed in the correct TEER field.
• Applications submitted after January 21, 2025, will still be subject to the old policy mindset.

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