March 9, 2025
Spousal Open Work Permit Document Checklist 2025

Spousal Open Work Permit Document Checklist 2025

The Spousal Open Work Permit (SOWP) allows spouses or common-law partners of temporary residents in Canada to work without employer restrictions. In 2025, Immigration, Refugees and Citizenship Canada (IRCC) introduced significant reforms to prioritize economic growth and labor market needs. This guide provides a thorough breakdown of eligibility criteria, required documents, application procedures, and critical updates to ensure compliance with the new regulations.

Key Policy Changes Effective January 21, 2025

  1. Restricted Eligibility for Students’ Spouses
    • SOWP eligibility is now limited to spouses of international students enrolled in:
      • Master’s programs lasting 16 months or longer.
      • Doctoral programs.
      • Professional degree programs (e.g., Medicine, Law, Engineering, Nursing).
      • Provincial programs targeting labor shortages (e x`s.g., Quebec’s nurse recognition initiative).
  2. Narrowed Eligibility for Workers’ Spouses
    • The primary foreign worker must:
      • Work in TEER 0 or 1 occupations (e.g., managers, engineers).
      • Hold a job in TEER 2 or 3 occupations within priority sectors (e.g., healthcare, construction, natural resources).
      • Have at least 16 months remaining on their work permit at the time of the spouse’s application.
  3. Dependent Children Excluded
    • Dependent children of foreign workers are no longer eligible for SOWPs.
  4. Transitional Provisions
    • Existing SOWPs remain valid until expiration.
    • Renewals are permitted if the primary applicant’s permit is valid and original eligibility criteria are met.

Eligible Programs and Occupations

Starting January 21, 2025, the eligibility criteria for spouses or common-law partners of international students to apply for a Spousal Open Work Permit (SOWP) have been refined to focus on advanced academic programs and professional degrees. Below is a detailed breakdown of the eligibility requirements and the specific programs that qualify.

Eligibility Criteria for Spouses of International Students

To qualify for an SOWP, the primary applicant (the international student) must meet one of the following conditions:

  1. Enrolled in a Master’s Degree Program of 16 Months or Longer
  2. Enrolled in a Doctoral Degree Program
  3. Enrolled in a Professional Degree Program at a University
    • Doctor of Dental Surgery (DDS, DMD)
    • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
    • Doctor of Medicine (MD)
    • Doctor of Optometry (OD)
    • Pharmacy (PharmD, BS, BSc, BPharm)
    • Doctor of Veterinary Medicine (DVM)
    • Bachelor of Science in Nursing (BScN, BSN)
    • Bachelor of Nursing Science (BNSc)
    • Bachelor of Nursing (BN)
    • Bachelor of Education (BEd)
    • Bachelor of Engineering (BEng, BE, BASc)

Or

Participating in an Eligible Program:

Detailed List of Eligible Programs for SOWP (2025)

The following programs qualify spouses for SOWPs starting in 2024–2025. Note that eligibility periods vary by province:

Province/Territory Program Name Eligibility Period
Outside Quebec Francophone Minority Communities Student Pilot (FMCSP) From August 26, 2024
Quebec Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recrutés à l’international From April 30, 2024
Quebec Projet de reconnaissance des compétences d’inhalothérapeutes formés à l’étranger From January 21, 2025
Quebec Projet de recrutement et reconnaissance des compétences de technologistes médicaux formés à l’étranger From January 21, 2025
Ontario Supervised Practice Experience Partnership (nursing/healthcare) From January 21, 2025
Manitoba Nurse Re-Entry Program (Red River College Polytechnic) From January 21, 2025
British Columbia Internationally Educated Midwives Bridging Program (UBC) From January 21, 2025
British Columbia Canadian Pharmacy Practice Program (CP3) (UBC) From January 21, 2025
British Columbia Post-Degree Diploma: Nursing Practice in Canada (Langara College) From January 21, 2025

Comprehensive Document Checklist

1. Primary Applicant’s Status Proof

  • For Students:
    • Valid study permit.
    • Enrollment Letter: Issued by a Designated Learning Institution (DLI), confirming full-time status in an eligible program.
    • Program-Specific Proof: Provincial acceptance letters (e.g., Quebec’s nurse recognition letter).
  • For Workers:
    • Valid work permit with 16+ months remaining.
    • Employment Letter: On company letterhead, detailing job title, TEER category, salary, and contract duration.
    • Sector Proof: Employer letter confirming alignment with IRCC’s priority sectors.

2. Relationship Verification

  • Marriage Certificate: Officially translated if not in English/French.
  • Common-Law Partnership:
    • Joint leases or utility bills covering 12+ months of cohabitation.
    • Affidavits from friends/family attesting to the relationship.
  • Relationship Timeline: Photos, travel records, or communication logs.

3. Application Forms

  • IMM 5710: Application to Change Conditions or Extend Stay.
  • IMM 5645: Family Information Form.
  • IMM 5476: Use of a Representative (if applicable).

4. Supplementary Documents

  • Biometrics Receipt: Required if applying from outside Canada.
  • Medical Exam: Mandatory for healthcare/education workers (include IMM 1017B form).
  • Police Clearance Certificate: From countries resided in for 6+ months since age 18.

5. Fee Payment

  • Work Permit Fee: CAD $155.
  • Open Work Permit Holder Fee: CAD $100.
  • Biometrics Fee: CAD $85 (if applicable).

Step-by-Step Application Process

Online Application Guide

  1. Create an IRCC Account: Use the IRCC portal.
  2. Answer Tool Questions Accurately:
    • Applying from Outside Canada:
      • “Will you come under an active public policy?” → No.
      • “Are you a spouse of a study permit holder?” → Yes.
    • Applying from Inside Canada:
      • “Applying under a public policy?” → No.
      • “Spouse of a study/work permit holder?” → Yes.
  3. Upload Documents: Follow the personalized checklist generated by the tool.
  4. Pay Fees: Use a credit/debit card. Save the receipt.

Paper Applications

  • Required if online submission is impossible. Include a letter explaining technical issues.

Renewing an SOWP in 2025

Eligibility for Renewal:

  • The primary applicant must:
    • Hold a valid study/work permit.
    • Be enrolled full-time (students) or employed in an eligible occupation (workers).
    • Not be in their final academic term.

Required Documents:

  • Updated enrollment letter or employment contract.
  • Proof of relationship (if not previously submitted).
  • Copy of the expiring SOWP.

Critical Application Tips for 2025

  1. Program-Specific Documentation: Include acceptance letters, provincial approval notices, or enrollment confirmations.
  2. Language Requirements: For Quebec/FMCSP programs, French proficiency tests (e.g., TEF) may be required.
  3. Dual Intent: If applying for permanent residency, clarify intent in the Letter of Explanation

Avoiding Common Mistakes While Applying for SOWP

  1. Incorrect TEER Classification: Verify the worker’s occupation matches IRCC’s list.
  2. Missing 16-Month Validity: Confirm the primary applicant’s permit has sufficient time remaining.
  3. Incomplete Relationship Proof: Combine financial, residential, and social evidence.
  4. Expired Documents: Renew passports and permits before applying.

Take Professional Help from Licensed Consultants

While the 2025 SOWP rules are stricter, Canada remains committed to welcoming skilled families. Always verify program eligibility and document requirements on the IRCC website or consult an immigration lawyer for complex cases. Spouses excluded from SOWP eligibility should proactively explore alternative work permits to maintain their ability to work in Canada.

For personalized assistance with your application, contact Keshav Sharma at Elaar Immigration. With years of experience in Canadian immigration law, Keshav and his team can help you navigate the complexities of the SOWP process and explore alternative pathways to achieve your goals.

📞 Contact Keshav Sharma at Elaar Immigration today