Canada updates spousal open work permit eligibility, restricts occupation categories

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

The changes restrict eligibility to certain occupations under the TEER 2 and TEER 3 categories.

This policy shift requires foreign workers’ spouses to meet new conditions in order to apply for a work permit.

According to Immigration News Canada (INC), the new guidelines, which took effect on January 21st 2025, focus on ensuring spouses of foreign workers are employed in specific eligible occupations. These changes do not affect previously approved work permits or their renewals.

Eligibility criteria for spousal open work permits 

Under the updated policy, spouses of foreign workers will only qualify for the SOWP if the foreign worker is employed in one of the following:

• A TEER 0 occupation
• A TEER 1 occupation
• Certain TEER 2 and TEER 3 occupations

Additionally, the foreign worker must have at least 16 months remaining on their work permit when the SOWP application is submitted.

Before the policy change, spouses could apply for a SOWP regardless of the occupation of the foreign worker. However, the recent changes now limit eligibility to specific job categories.

List of eligible TEER 2 and TEER 3 occupations 

The updated list includes various occupations under TEER 2 and TEER 3 that remain eligible for SOWP applications. Some of the key occupations include:

• Technical occupations related to natural and applied sciences: NOC Codes 22300-22313, including roles such as civil engineering technologists and mechanical engineering technicians.
• Technical Occupations in Health: NOC Codes 32100-32209, including positions like medical laboratory technologists and massage therapists.
• Front-Line Public Protection Services: NOC Codes 42102-43204, including early childhood educators and members of the Canadian Armed Forces.
• General Trades: NOC Codes 73100-73402, including occupations such as concrete finishers, welders, and transport truck drivers.

For a complete list of eligible occupations, individuals can refer to the National Occupational Classification (NOC) codes. https://immigrationnewscanada.ca/new-noc-codes-in-canada-step-wise-guide-to-find-your-noc/

Steps to apply for a spousal open work permit

Applicants can follow a simple process to apply for a SOWP. These are the main steps:

1. Complete the IRCC eligibility questionnaire: This helps applicants determine if they qualify and provides a personalized checklist of required documents.
2. Gather the required documents: Proof of relationship, evidence of the principal applicant’s occupation, and proof that the foreign worker’s work permit is valid for at least 16 months.
3. Submit the application online: Applicants should log in to their IRCC account, upload the required documents, and pay the application fees.
4. Wait for a decision: Processing times may vary based on location and other factors.

What happens if the occupation is ineligible?

Spouses of foreign workers in occupations that do not meet the new eligibility criteria will not be able to apply for a SOWP under the updated rules.

However, applicants who have already received a work permit before January 21st, 2025, are unaffected by these changes.

Can SOWPs be applied for outside Canada?

Reports cites that yes, applicants outside of Canada are eligible to apply for a SOWP, provided they meet the necessary requirements.

Processing times and fees 

Processing times for SOWP applications depend on the applicant’s location and the current workload at Immigration, Refugees, and Citizenship Canada (IRCC). There are also application fees that applicants must pay, with details available on the IRCC website.