Spousal Open Work Permit Canada: Who Still Qualifies After the 2025 Rule Changes

Canada still issues spousal open work permits, but far fewer people qualify than before. Since January 21, 2025, a spouse or common-law partner can usually get one only if the student is in a long master’s, a PhD or select professional program, or if the worker is in a high-skilled or listed job with at least 16 months left on their permit.

Key points

• The current rules took effect on January 21, 2025 and still apply as of October 2026.
• Student spouses: the student must be in a master’s program of 16 months or more, a doctoral program, or a select professional program.
• Worker spouses: the worker needs a TEER 0 or 1 job, or an eligible TEER 2 or 3 job, plus at least 16 months left on their work permit.
• Dependent children of foreign workers no longer qualify.
• Spouses covered by free trade agreements and families moving to permanent residence are not affected.

What changed on January 21, 2025

Before 2024, most spouses of international students and many spouses of foreign workers could get an open work permit with few conditions. IRCC narrowed this in two steps. The second step, announced in an IRCC notice dated January 14, 2025, took effect on January 21, 2025. IRCC said that from that date “only spouses of certain international students and foreign workers will be able to apply for a family OWP.”

The changes are part of a wider effort to reduce temporary residents in Canada. The 2026–2028 Levels Plan cut new temporary resident arrivals sharply, and family work permits are one of the tools used to do that.

Who qualifies: spouses of international students

The principal applicant (the student) must be enrolled in one of these:

Student’s program	Spouse eligible for open work permit?
Master’s program of 16 months or longer	Yes
Master’s program shorter than 16 months	No
Doctoral (PhD) program	Yes
Select professional programs on IRCC’s list	Yes
College diploma or certificate	No
Most bachelor’s degrees	No, unless on the professional list

A few practical points:

• Program length is based on the program, not the study permit. Check the official program length on your letter of acceptance. A 12-month master’s does not qualify, even if the study permit runs longer.
• The professional program list is specific. IRCC publishes the list of qualifying professional programs on its open work permit pages. Check it before you assume your degree is included.
• Graduate students have other advantages in 2026. Master’s and PhD students at public institutions no longer need a provincial attestation letter. See our Canada study permit guide for the full picture.

Who qualifies: spouses of foreign workers

For a worker’s spouse, two tests apply at the same time.

Test 1: the job

The principal worker must be employed in:

• a TEER 0 or 1 occupation (management and jobs that usually need a university degree), or
• a select TEER 2 or 3 occupation in a sector with labour shortages or linked to government priorities. IRCC’s notice names natural and applied sciences, construction, health care, natural resources, education, sports and military occupations.

TEER is the “training, education, experience and responsibilities” level in Canada’s National Occupational Classification (NOC). You can find your NOC code and TEER level on the NOC website. IRCC publishes the exact list of eligible TEER 2 and 3 occupations.

Test 2: time left on the permit

The worker must have at least 16 months remaining on their work permit when the spouse applies. If the worker’s permit has 14 months left, the spouse does not qualify, even if the job is TEER 0.

Dependent children

Dependent children of foreign workers can no longer get family open work permits. They may still apply for another kind of work permit if they qualify on their own.

Who is not affected

IRCC lists two groups that are outside the new limits:

1. Spouses of workers covered by free trade agreements. Some trade agreements give spouses work rights of their own. These stay in place.
2. Spouses of people transitioning to permanent residence. If the family is moving to PR, other open work permit options may apply. One common example is the open work permit for spouses being sponsored for PR from inside Canada. Check the requirements on the IRCC spousal sponsorship pages, or read our spousal sponsorship guide.

There is also a temporary Quebec measure. From June 5, 2026, spouses of certain Quebec workers waiting in the provincial selection queue became eligible for open work permits. IRCC says this measure runs until the end of 2026. Details are on the IRCC notice.

If you already have a spousal open work permit

• Your permit stays valid. Open work permits approved under the old rules remain valid until they expire.
• Renewals. IRCC says family members in Canada may apply to renew if they apply under the same criteria as their current permit and the new permit matches the length of the principal applicant’s study or work permit. This covers cases like a student who needs more time to finish a program.
• If you no longer qualify. You can apply for any other work permit you are eligible for, such as an employer-specific permit backed by an LMIA. Our LMIA guide explains how that works.

Cost of a spousal open work permit

Fees as of October 2026, from the IRCC fee list:

Item	Fee (CAD)
Work permit processing	$155
Open work permit holder fee	$100
Biometrics (one person)	$85
Biometrics (family of 2 or more applying together)	$170 maximum

So a typical spouse applying alone pays $255, plus $85 if biometrics are needed.

How to apply, step by step

1. Check eligibility first. Confirm the principal applicant’s program length or job TEER, and count the months left on the worker’s permit.
2. Gather proof of the relationship. Marriage certificate, or proof of at least one year of living together for common-law partners.
3. Gather proof of the principal’s status. Their study permit and enrolment letter (showing program and length), or their work permit, job offer or employment letter, and recent pay stubs that show the NOC.
4. Apply online. Most people apply through their IRCC account. If you apply together with the principal applicant, you submit as a family.
5. Give biometrics if IRCC asks for them.
6. Wait for a decision. Check current processing times on IRCC’s processing times tool.

Common mistakes

• Assuming the old rules still apply. Many forums and older articles describe the pre-2025 rules.
• Counting months from the wrong date. The 16 months are counted from when the spouse applies, not from the worker’s arrival.
• Using a job title instead of the NOC code. IRCC looks at the NOC code and TEER level of the actual duties.
• Applying under a category that does not fit. A refused application can stay on your record. If your case is borderline, speak to a licensed RCIC or lawyer before applying.

What to do next

• Check the principal applicant’s program length or job TEER level against the rules above.
• Read the latest IRCC notice on family open work permits and the eligible occupation list.
• If you are planning permanent residence, look at whether a PR pathway gives your spouse work rights sooner. Start with the Canada country hub.
• Follow rule changes on our updates page.

This article is general information, not legal advice. For your own case, talk to a licensed RCIC or Canadian immigration lawyer.