The Impact of Policy Changes on Spousal Open Work Permits

Canada’s immigration system has introduced major changes to Spousal Open Work Permits (SOWPs). These reforms affect who can apply, when they can apply, and what restrictions now apply to family members of workers and students. Understanding these changes is essential before 2026 application plans.

What Is a Spousal Open Work Permit?

A Spousal Open Work Permit allows the spouse or common‑law partner of a temporary foreign worker or international student to work in Canada without a job offer. Previously, this permit was widely accessible to many categories of workers and students. However, newer policies have tightened eligibility.

New Eligibility Rules for 2025–2026

Effective January 21, 2025, the Government of Canada introduced stricter eligibility criteria for SOWPs. These changes are part of broader efforts to focus immigration on economic needs and labour market demand. Under the new framework, only certain spouses of international students and foreign workers qualify for an open work permit.

For Spouses of International Students

Spouses of international students are eligible only if the student is enrolled in:

• Master’s programs that are at least 16 months in duration,
• Doctoral (PhD) programs, or
• Certain professional and eligible degree programs (like nursing or law).

This means many spouses of students in shorter or non‑priority programs no longer qualify. Previously, international students at colleges or shorter programs could bring spouses on open work permits.

For Spouses of Foreign Workers

Eligibility is now significantly restricted. Spouses of foreign workers are eligible for an open work permit only if the worker is employed in:

• High‑skill TEER 0 or TEER 1 occupations,
• Select TEER 2 and TEER 3 occupations in sectors with labour shortages or priority status (e.g., healthcare, construction, natural resources, education). 

In addition, the principal foreign worker must have at least 16 months remaining on their own work permit at the time the spouse applies.

Dependent Children Are No Longer Eligible

Previously, dependent children of foreign workers could also apply for open work permits. Under the new rules, children are no longer eligible under this framework. Families must explore other work or study permit options if children want to work.

Grandfathering and Transitional Rules

Open work permits that were approved under the old criteria remain valid until their expiry. If spouses apply before the rules took effect, the old eligibility criteria are applied. Additionally, family members in Canada with existing permits could sometimes renew them under previous conditions if they meet specific renewal requirements. 

How These Changes Impact Families

The tighter eligibility rules have several significant effects on families planning to live and work in Canada:

• Reduced work opportunities: Many spouses can no longer work in Canada simply because of their partner’s job or study status. This reversal reduces household income potential. 
• Financial pressure: Families who planned dual incomes may now face financial strain, especially in expensive cities.
• Separated families: In some cases, spouses unable to get a work permit must remain outside Canada or adjust plans.
• Planning complexity: Couples must carefully plan around the principal permit’s TEER requirements and remaining duration to qualify. 

Alternatives and Solutions

For families who no longer qualify for a spousal open work permit, several alternatives exist:

• Employer‑specific work permits: Spouses can seek a closed work permit supported by an employer and a Labour Market Impact Assessment (LMIA). 
• Permanent residency pathways: Couples can apply together through Express Entry or PNP streams that allow accompanying spouses to work after applying for PR. 
• Study permits: Spouses may pursue their own study permits, which can include on‑campus work rights.

Practical Tips for Applicants

Before applying:

• Check the TEER category of your job and the remaining length of your work permit.
• Review the program duration if you are an international student.
• Plan early to avoid ineligibility caused by permit expiry dates.

Policy changes to Spousal Open Work Permits represent a major shift in Canada’s temporary residence landscape. While they aim to align immigration with labour needs and reduce temporary resident numbers, the impact on families is tangible. Staying informed about eligibility criteria and exploring alternative pathways can help couples navigate these changes successfully.

FAQs

Who Can Apply For a Spousal Open Work Permit in Canada?

Only spouses of international students in qualifying programs (e.g., master’s 16+ months or doctoral) and spouses of foreign workers in eligible high‑skill or designated shortage occupations can apply under the new rules.

Are Children of Foreign Workers Still Eligible For Open Work Permits?

No. Dependent children are no longer eligible for open work permits under the current family OWP policy.

Can Existing Spousal Open Work Permits be Renewed?

Yes. Permits issued under previous eligibility criteria remain valid, and renewals may be possible under certain conditions if they match the principal applicant’s existing criteria.