Spouses and common-law partners of some self-employed foreign nationals in Canada may be eligible to apply for an open work permit where the principal foreign national holds an open work permit and is genuinely self-employed in an eligible occupation.
Under current IRCC rules, spouses of foreign workers may qualify where the principal worker is employed in a TEER 0 or 1 occupation, or in certain eligible TEER 2 or 3 occupations. IRCC also allows spouses of business owners, including self-employed workers and entrepreneurs, to provide business-related evidence when proving the principal applicant’s work situation.
Applications in qualifying cases may be issued under administrative code C41, which is used for eligible spouses of skilled workers under Canada’s International Mobility Program.
Who Is Considered Self-Employed?
A self-employed person generally works for themselves as the owner of a business while also carrying out the actual work associated with the business.
This is different from someone who simply owns or manages a business while employees perform most of its operational activities.
For immigration purposes, the key issue is whether the principal foreign national can show that the business is genuine and that they are actually performing work that corresponds with an eligible National Occupational Classification, or NOC, occupation.
What Evidence May Be Required?
For a spouse to qualify based on the principal foreign national’s self-employment, the application should contain sufficient evidence showing that the principal worker is genuinely carrying out the duties of the claimed occupation.
IRCC’s current application guidance confirms that spouses or common-law partners of business owners, including self-employed workers and entrepreneurs, may provide evidence of the principal applicant’s business plan when demonstrating eligibility.
Depending on the circumstances, supporting documents may include evidence showing:
- The principal foreign national is performing the main duties of the claimed NOC occupation
- Ownership of the business
- A business plan
- Funds available to establish and operate the business
- Business registration or business number
- Ownership documents or agreements
- Business premises, where applicable
- Evidence that concrete steps have been taken to operate the business
- Staffing plans, where relevant
- Records showing actual business activity
For example, where the principal foreign national is working as a self-employed professional in an eligible TEER occupation, the spouse’s application should clearly demonstrate both the existence of the business and the work the principal foreign national is actually performing.
The Occupation Still Matters
Being self-employed does not automatically make a spouse eligible for an open work permit.
Under the current family open work permit rules, spouses of foreign workers who are not qualifying through another eligible pathway generally need the principal foreign national to be working in a TEER 0 or 1 occupation or one of the specifically eligible TEER 2 or 3 occupations.
The application therefore needs to establish not only that the business exists, but also that the principal worker’s actual duties support the NOC classification being claimed.
Why Documentation Is Important
Self-employment cases can require stronger documentation because there may be no traditional employer letter, employment contract or payroll record to establish the principal foreign national’s occupation.
Instead, the application must build a clear picture of the business, the work being performed and the principal worker’s role in it.
IRCC officers may request additional documentation where necessary, and applicants are expected to provide evidence showing that they meet the requirements of the work permit category.
Take Control of Your Next Step
If your spouse is self-employed in Canada while holding an open work permit, determining whether their occupation and business activities meet the current requirements is an important first step before submitting your application.
Book a consultation with Sehli Global today to review the principal worker’s occupation, NOC and TEER classification, business documentation and your eligibility for a spousal open work permit.
Book your appointment here: https://www.sehliglobal.ca/book-an-appointment/
Contact us on WhatsApp: +1 (226) 799-7149
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