Canada updates spousal work permit rules, restricts occupation categories

The Canadian government has recently updated the list of occupations eligible for the Spousal Open Work Permit (SOWP), impacting spouses of foreign workers in Canada.

Effective January 21, 2025, this policy change restricts eligibility to specific job categories under TEER 2 and TEER 3. Spouses of foreign workers must now meet new conditions to apply for the permit. However, the changes do not affect previously approved or renewed work permits.

Updated Eligibility Criteria for Spousal Open Work Permits

• Spouses can apply if the foreign worker holds a TEER 0, TEER 1, or certain TEER 2/3 occupations.
• The foreign worker must have at least 16 months remaining on their work permit when the SOWP application is submitted.

Previously, spouses could apply for the SOWP regardless of the foreign worker’s occupation, but the new policy limits eligibility to specific categories.

List of Eligible TEER 2 and TEER 3 Occupations

Some key eligible roles include:

• Technical occupations in natural and applied sciences: NOC Codes 22300-22313 (e.g., civil engineering technologists, mechanical engineering technicians).
• Technical occupations in health: NOC Codes 32100-32209 (e.g., medical laboratory technologists, massage therapists).
• Front-line public protection services: NOC Codes 42102-43204 (e.g., early childhood educators, Canadian Armed Forces members).
• General trades: NOC Codes 73100-73402 (e.g., welders, transport truck drivers).

For a complete list, consult the National Occupational Classification (NOC) codes on the Immigration News Canada website.

How to Apply for a Spousal Open Work Permit

1. Complete the IRCC eligibility questionnaire: This helps determine if you qualify and provides a checklist of required documents.
2. Gather required documents: Include proof of relationship, the foreign worker’s occupation, and confirmation that their work permit is valid for at least 16 months.
3. Submit the application: Upload documents and pay the application fees online through your IRCC account.
4. Wait for a decision: Processing times vary by location and other factors.

What Happens if the Occupation is Ineligible?

Spouses of foreign workers in non-eligible occupations will not qualify for the SOWP under the new rules. However, those who received a permit before January 21, 2025, are unaffected by the changes.

Can SOWPs Be Applied for Outside Canada?

Yes, spouses outside Canada can apply for the SOWP if they meet the necessary conditions.

Processing Times and Fees

Processing times and application fees depend on location and IRCC workload. Applicants can find further details on the IRCC website.