Last verified: July 6, 2026 · Official source: canada.ca — Open work permits for family members of foreign workers: Who can apply
General information, not legal or immigration advice. For advice on your situation, consult a licensed RCIC or immigration lawyer.
The bottom line
This open work permit lets the spouse or common-law partner (and, in some cases, dependent children) of a foreign worker in Canada work for almost any employer. But eligibility narrowed sharply on January 21, 2025, and it now depends on the worker's permanent-residence situation — it's easy to assume you qualify when you no longer do.
This guide covers family members of workers. If you're the spouse of an international student, see the Spousal Open Work Permit (SOWP) guide instead — the rules are different.
Who qualifies — it depends on the worker's PR situation
Eligibility changed on January 21, 2025, and it now turns on what you (the worker) are doing about permanent residence. There are three main situations.
1. You've applied for PR, or you're on a PR pathway (economic class)
If you have applied for permanent residence through an eligible economic program — Express Entry (CEC, FSW, FST), a Provincial Nominee Program, the Atlantic Immigration Program, Agri-Food Pilot, a Quebec CSQ application, the caregiver pilots, RNIP/RCIP/FCIP, or the Start-up Business class — or you hold a work permit through one of those pathways but haven't applied yet, then both your spouse or common-law partner AND your dependent children can apply for an open work permit.
- Your work permit must be valid for at least 6 months after IRCC receives the family application.
- This is the route most relevant on the study → work → PR track (for example, a PGWP holder with a PNP nomination or a CEC application in progress).
- Under RCIP/FCIP specifically, only dependent children qualify under this measure — spouses get a separate pilot work permit.
2. You're a high-skilled worker, not on a PR pathway
If you're not tied to a PR application or pathway, only your spouse or common-law partner can apply — as of January 21, 2025, dependent children are no longer eligible under this measure — and only if you're employed in:
- any TEERTEER: Training, Education, Experience and Responsibilities — how Canada classifies job skill level under the 2021 NOC. TEER 0 is management; TEER 1–5 run from professional/technical down to on-the-job-training roles. 0 or 1 occupation, or
- a select TEER 2 or 3 occupation on IRCC's defined list (many health, sciences, skilled-trades, construction, education, and early-childhood-education roles).
Here your work permit must be valid for at least 16 months after IRCC receives the spouse's application.
3. You're a low-skilled worker, not on a PR pathway
Your family members are not eligible to apply for a new open work permit (TEER 4 or 5 and not on a pathway — this includes the Seasonal Agricultural Worker Program and the Agricultural Stream). Family members already in Canada may only extend an open work permit they already hold.
Newer 2026 routes: spouses of workers on a significant investment project in British Columbia (any TEER, since March 23, 2026), spouses of Quebec-recruited health professionals (since May 25, 2026), and spouses of PSTQ applicants (since June 5, 2026) each have their own eligibility — check the official page if that's you.
Transition rule: applications received before January 21, 2025 are assessed under the previous, broader rules.
⚠️ Which situation you're in changes both who can apply (spouse only, or spouse + children) and how much time must be left on your permit (6 vs. 16 months). Confirm your exact case on the official eligibility page.
When to apply
Apply at the same time as the principal worker's own work permit application, or any time after they hold a qualifying permit. If the worker's permit is close to expiring, apply well before it expires — depending on your situation, the worker's permit must have at least 6 or 16 months left when IRCC receives the application (see above), so too little remaining time can make you ineligible.
How to apply
Apply online, following Guide 5553 ("Applying for a work permit inside Canada"). You'll need to provide:
- proof of your genuine relationship with the principal worker (marriage certificate or proof of common-law status),
- the principal worker's valid work permit, and
- an employer letter confirming the worker's job title, NOC code, and TEER category — this is what IRCC uses to confirm the job qualifies.
Why this changed
Before January 21, 2025, family open work permits were available much more broadly — including to spouses of workers in lower-skilled occupations, and to dependent children. IRCC narrowed the program to focus it on higher-skilled workers and priority sectors. If your situation doesn't fit the current rules, it may still qualify under the transition rule above if you applied before the cutoff, or your spouse may need to pursue their own study or work permit instead.
→ Changing a Closed Work Permit to an Open Work Permit → Spousal Open Work Permit (SOWP) → NOC & TEER Explained → Back to Work in Canada
Sources
- canada.ca — Who can apply
- canada.ca — When to apply
- canada.ca — How to apply
- canada.ca — Changes to open work permits for family members of temporary residents
General information, not legal or immigration advice. Rules change — always confirm the current requirements on canada.ca and consult a licensed RCIC or immigration lawyer for advice on your situation.