Spousal Open Work Permit
Foreign spouses and common-law partners of temporary foreign workers and international students who wish to work in Canada must apply for an open work permit. This type of work permit allows spouses to work for almost any employer in Canada, and the validity of the permit may vary depending on the employer and the specifics of the applicant’s situation.
Spouses or common-law partners of skilled workers (C41)
Spouses or common-law partners of skilled workers who are coming to Canada or are already working in Canada can apply for an open work permit without the need for a job offer. If the primary foreign worker qualifies, their dependent spouse or common-law partner can also apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41.
Eligibility Requirements:
- The principal worker must hold a valid work permit for at least 6 months, or if working without a permit under section R186, they must provide evidence of a minimum 6-month employment duration.
- The primary worker must be employed in an occupation under National Occupational Classification (NOC) skill type 0, or skill level A or B.
- The spouse or common-law partner must reside or plan to reside in Canada while working.
Spouses or Common-Law Partners of Full-Time Students (C42)
Spouses or common-law partners of international students in Canada are eligible to apply for an open work permit. A dependent spouse or common-law partner can apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C42 if their spouse or common-law partner holds a study permit and is enrolled as a full-time student at:
- A public post-secondary institution, such as a college, trade/technical school, university, or CEGEP in Quebec.
- A private post-secondary institution in Quebec that follows the same rules as public institutions.
- A private or public secondary or post-secondary institution in Quebec offering qualifying programs of at least 900 hours, leading to a diploma of vocational studies or an attestation of vocational specialization.
- A Canadian private institution authorized by provincial law to confer degrees (e.g., bachelor’s, master’s, or doctorate), but only for degree programs approved by the province.
Work permits under this category may be issued to align with the validity period of the student’s study permit.
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