Spouse Open Work Permit (SOWP)

A spouse open work permit (SOWP) allows the spouse or common-law partner of a work permit or study permit holder to work for any eligible employer in Canada. The SOWP is not employer-specific, i.e. you do not require a job offer to apply for one. With a SOWP, you can look for a job after you arrive in Canada. Employers don’t need a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) to hire applicants who have a SOWP. The status of the work permit or study permit holder will determine their spouse’s or common-law-partner’s eligibility to apply for a SOWP. 

To be eligible for a SOWP, you must meet the following requirements:

• • • You must be in a genuine relationship with your spouse or common-law-partner. 
    • Your spouse or common-law-partner must have either an employer-specific or open work permit or be authorized to work in Canada without a work permit. Or, he or she must have a valid study permit and be enrolled as a full-time student at a Designated Learning Institute (DLI) in Canada.
    • Your spouse or common-law-partner must have at least 6 months’ validity remaining on their work or study permit when your SOWP application is submitted.
    • You are not criminally or medically inadmissible to Canada.

Normally, your work permit is valid for the same amount of time that your spouse or common-law-partner’s work permit or study permit is valid. Your work permit will stay valid for that entire duration even if your spouse or common-law-partner loses his/her job or completes his/her studies early, or you divorce or separate with him/her. 

You can apply for an open work permit for your spouse along with your study permit or work permit application. Your minor child/children may also study in Canada without a study permit at the preschool, primary, or secondary level.

Changes to Spouse Open Work Permit (SOWP) Eligibility from January 2023 to 2025 – A Temporary Two-Year Measure.

As per this temporary measure, you may be eligible to apply for a SOWP effective January 30, 2023, if you are the spouse, common-law-partner or dependent child of a work permit holder who:

• • • Is employed in any occupation classified under TEER category 0 to 5 (except a TEER 4 or 5 job under the low-wage stream of the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program, or
    • Has a valid work permit (employer-specific or open under a non-family category), or
    • Has applied for permanent residence under an economic class immigration program.