Canada’s rules for Spousal Open Work Permits have become more restrictive, particularly for spouses of international graduates transitioning from a study permit to a Post-Graduation Work Permit (PGWP).
Since January 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has limited family open work permit eligibility for many temporary residents. Being married to an international student, foreign worker or someone who has applied for a PGWP does not automatically make a spouse eligible for an open work permit.
For international graduates applying for a PGWP, the principal applicant’s work permit approval, occupation and remaining work authorization can now determine whether their spouse qualifies.
Can Your Spouse Apply While Your PGWP Is Still Being Processed?
Yes, but there is an important condition.
IRCC allows an eligible family member to apply online with the principal applicant when the principal applicant submits a PGWP application from within Canada, provided the family member is already in Canada and meets the requirements to apply for a work permit after entry.
A spouse can also submit a separate open work permit application after the principal applicant has submitted the PGWP application, even while a decision on the PGWP is still pending.
However, submitting the application does not mean IRCC can approve the spouse’s work permit while the PGWP remains undecided.
IRCC states that the principal applicant’s PGWP must be approved before the spouse’s open work permit application can be processed successfully. If IRCC reaches the spouse’s application while the PGWP is still awaiting a decision, the spouse’s application may be refused.
This distinction is particularly important for graduates who are authorized to work while waiting for a decision on their PGWP. That temporary authorization does not make a pending PGWP equivalent to an approved work permit for the purpose of the spouse’s eligibility.
Read Also: PGWP Refused? You Still Have Options — But You Need to Act Fast
Your Job After PGWP Approval Matters
Receiving a PGWP is not the only requirement that may need to be considered.
For a spouse applying under the rules for a high-skilled foreign worker who is not covered by one of the specified permanent residence pathways, the PGWP holder must be employed or expected to be employed in:
- A TEER 0 occupation
- A TEER 1 occupation
- An eligible TEER 2 occupation
- An eligible TEER 3 occupation
Not every TEER 2 or TEER 3 job qualifies.
IRCC maintains a specific list of eligible occupations within these categories. The current list includes qualifying occupations across areas such as healthcare, construction, natural and applied sciences, education, transportation and skilled trades.
This makes it important to identify the correct National Occupational Classification (NOC) code for the principal applicant’s job. The job title alone should not be relied upon. The actual duties performed need to correspond with the appropriate NOC classification.
The PGWP May Need at Least 16 Months Remaining
The length of the principal applicant’s work authorization is another important requirement.
For spouses applying under the applicable high-skilled worker category, the principal applicant’s work permit or authorization to work must generally remain valid for at least 16 months after IRCC receives the spouse’s open work permit application.
This means someone may hold an approved PGWP and work in an eligible occupation but still be unable to support a spouse’s application under this category if there is not enough validity remaining on the work permit.
Applicants should therefore consider the timing of the spouse’s application carefully.
Does the PGWP Holder Have to Work Full-Time?
IRCC’s current rules do not simply impose a standard full-time-hours requirement for this category.
What matters is whether the principal applicant meets the applicable employment and work authorization requirements. IRCC may also examine the employment evidence submitted with the application.
Applicants should be prepared to provide documents that establish the principal applicant’s employment, occupation and work authorization.
IRCC Can Review Whether the Employment Is Genuine
Employment information submitted to support a Spousal Open Work Permit application must accurately reflect the principal applicant’s actual employment.
Depending on the circumstances, supporting evidence can include employment letters, employment contracts, pay statements, work permit documents and information about the applicant’s duties.
This is another reason why identifying the correct NOC based on actual job duties is important. Applicants should not select an occupation simply because its title appears similar to their position.
The Relationship Must Also Meet IRCC Requirements
The applicant must be the genuine spouse or common-law partner of the principal applicant.
IRCC can examine the relationship as part of its assessment, and applicants may need to provide supporting evidence demonstrating that the relationship is genuine.
A marriage certificate establishes a legal marriage, but applicants should still be prepared to provide appropriate relationship evidence where required.
What Has Changed for Spouses of Foreign Workers?
Before January 21, 2025, spouses of foreign workers had broader access to family open work permits.
Under the current rules, eligibility is considerably more targeted.
For many PGWP holders seeking a Spousal Open Work Permit for their partner under the high-skilled-worker category, several factors now need to line up: the PGWP must be approved, the principal applicant must have qualifying employment, the occupation must fall within an eligible NOC/TEER category, and the required period of work authorization must remain when the spouse applies.
IRCC confirms that, as of January 21, 2025, spouses of high-skilled foreign workers generally qualify under this measure when the worker is employed in TEER 0 or 1, or in one of the specifically selected TEER 2 or 3 occupations, subject to the other requirements.
Read Also: How to restore your immigration status in Canada
What Should PGWP Applicants and Their Spouses Do?
If you have completed your studies in Canada and are transitioning to a PGWP, do not assume that submitting your PGWP application automatically makes your spouse eligible for an open work permit.
You need to consider whether your PGWP has been approved, the length of the work permit issued to you, your current employment, the NOC classification of your occupation and whether that occupation meets the applicable eligibility requirements.
Your spouse must also satisfy the general requirements for a Canadian work permit and meet the relationship and immigration status requirements that apply to their circumstances.
If you are preparing a PGWP and Spousal Open Work Permit application or your PGWP has already been approved and you want to determine whether your spouse can apply, book a consultation with Sehli Global for guidance based on your circumstances.
Contact us on WhatsApp: +1 (226) 799-7149
Leave a Comment