Significant changes to Canada’s spousal open work permit (OWP) framework came into effect on January 21, 2025, narrowing eligibility and introducing new conditions that practitioners must now assess carefully. These updates affect who qualifies, which occupations are eligible, and how long the principal applicant’s work permit must remain valid at the time of application.
This post summarizes the key points discussed in LPEN’s recent Developments course with Andrew Carvajal and Mark Holthe, focusing on practical implications for advising clients in 2025.
As of January 21, 2025, spousal open work permits are available only where the principal applicant (PA) is a foreign worker employed in NOC TEER 0 or TEER 1 occupations (managerial or professional roles), or select TEER 2 or TEER 3 occupations identified as experiencing labour shortages or aligned with government priorities.
This represents a meaningful narrowing of eligibility and places increased importance on accurate NOC classification at the outset of an application.
The occupations currently included under the revised framework fall within specific sectors, including natural and applied sciences, construction, health care, natural resources, education, sports, and the military.
Because eligibility depends on specific NOCs, practitioners should always confirm whether a role appears on the official IRCC occupation list rather than relying on sector descriptions alone.
In addition to occupational requirements, the principal applicant must now hold a valid work permit with at least 16 months of remaining validity at the time the spousal application is submitted.
This replaces the previous six-month requirement and has direct implications for application timing and extension planning.
Not all spouses are subject to the revised spousal open work permit framework. Certain categories remain exempt, including spouses of workers covered by Free Trade Agreements (FTAs), spouses of permanent residence applicants, and certain work permit extension scenarios.
Each exemption category operates under its own legal framework and must be assessed independently.
For spouses of workers in TEER 2 occupations who hold a work permit under an eligible Free Trade Agreement, applying under FTA spousal provisions may be more appropriate than relying on the general spousal open work permit framework.
FTAs with spousal provisions include agreements with Colombia, Peru, Korea, the Canada–European Union Comprehensive Economic and Trade Agreement (CETA), the Canada–United Kingdom Trade Continuity Agreement (CUKTCA), and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
Spouses of certain permanent residence applicants may still qualify for work permits, including spouses of applicants eligible for Bridging Open Work Permits (BOWPs), T13 work permit applicants, and participants in permanent residence pilots that include work permit options.
In some International Mobility Program (IMP) streams, it may not be necessary to demonstrate that a permanent residence application has already been submitted. The applicable program guidelines should be reviewed carefully.
Where a spouse was issued a work permit with a shorter validity period than that of the principal applicant, it may be possible to apply for a work permit renewal to match the principal applicant’s existing work permit duration.
This is an important consideration for long-term status planning.
The January 2025 changes significantly narrow spousal open work permit eligibility and place greater emphasis on precise NOC selection, work permit validity timelines, and careful identification of exemptions and alternative pathways.
These updates were covered in detail in LPEN’s Developments course with Andrew Carvajal and Mark Holthe and remain a critical area for practitioners advising clients in 2025. Learn more here: https://lpen.ca/2025-developm-programs-and-policies-26/
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