Open Work Permits for Family Members of Foreign Workers in Canada (2026 Guide)

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Open Work Permits for Family Members of Foreign Workers in Canada (2026 Guide)

If you're the spouse or common-law partner of a foreign worker in Canada, you may be eligible to apply for an open work permit — one that lets you work for almost any employer without needing a job offer first.

The rules around this program have changed significantly. As of January 21, 2025, the eligibility requirements changed for open work permits for family members of workers. A further update came in March 2026. If you're applying today, the old rules no longer apply to you — this guide reflects the current requirements as of May 2026.

What Is an Open Work Permit?

An open work permit authorizes a foreign national to work for virtually any employer in Canada. Unlike an employer-specific (closed) work permit, it doesn't require a Labour Market Impact Assessment (LMIA) or a job offer before you apply. For spouses of foreign workers, it offers real financial independence and flexibility.

Who Qualifies as a Family Member?

IRCC defines family members for this program as:

• Spouse or common-law partner
• Dependent child
• Dependent child of a dependent child (grandchildren)

However — and this is critical — not all family members are currently eligible for new open work permits. The definition above describes who IRCC considers a "family member," not who can actually apply under the current rules.

What Changed: January 2025 and March 2026

Understanding the current rules requires knowing what was changed and when.

January 21, 2025 — Major Restrictions Introduced

Effective January 21, 2025, only spouses of certain international students and foreign workers became able to apply for a family open work permit. Family open work permits for foreign workers became limited to spouses of workers employed in TEER 0 or 1 occupations, or select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities — including occupations in the natural and applied sciences, construction, health care, natural resources, education, sports, and military sectors.

In addition, the foreign worker must have at least 16 months remaining on their work permit at the time their spouse applies for the open work permit. Dependent children of foreign workers are no longer eligible.

Previously, spouses of most foreign workers were eligible for open work permits regardless of the foreign worker's occupation and skill level, with limited exceptions. Working-age dependent children of foreign workers also qualified for open work permits. Those broader rules are gone.

March 23, 2026 — New Exception for BC Significant Investment Projects

On March 23, 2026, IRCC announced a major policy change expanding eligibility for open work permits for spouses of workers under Significant Investment Projects in British Columbia. The update removes previous restrictions that limited eligibility to spouses of high-skilled workers at specific TEER levels. Now, spouses of all SIP workers — whether employed in high-skilled occupations (TEER 0–3) or low-skilled positions (TEER 4–5) — can apply for open work permits.

As of March 23, 2026, eligible spouses and common-law partners of all foreign workers at these two companies, which have been identified by the federal government as "significant investment projects," qualify for an open work permit. The two designated companies are currently Lululemon Athletica and Microsoft Vancouver.

Current Eligibility: Who Can Apply in 2026

Here's the full breakdown of who is currently eligible as a spouse or common-law partner of a foreign worker.

1. Spouses of TEER 0 or 1 Workers

If the foreign worker holds a position classified under NOC TEER 0 (management occupations) or TEER 1 (occupations requiring a university degree), their spouse or common-law partner is eligible — provided the worker has at least 16 months of valid work authorization remaining.

2. Spouses of Select TEER 2 and TEER 3 Workers

Eligibility also extends to spouses of workers in specific TEER 2 and TEER 3 occupations tied to labour shortages or government priorities. These include roles in:

• Natural and applied sciences (e.g., engineering technologists, IT technicians)
• Construction trades (e.g., electricians, pipefitters, welders, carpenters)
• Health care (e.g., licensed practical nurses, medical lab technologists, dental hygienists)
• Natural resources
• Education
• Sports and military

IRCC publishes the full list of eligible TEER 2 and TEER 3 NOC codes on its website. Check the current list before applying, as it can be updated.

3. Spouses of Workers at BC Significant Investment Projects (Any TEER Level)

Effective March 23, 2026, spouses and common-law partners of employees at Lululemon Athletica and Microsoft Vancouver can now qualify for an open work permit regardless of the worker's skill level or salary. Previously, spousal open work permit eligibility was largely restricted to spouses of high-skilled workers. Under this new targeted policy, the federal government has designated these two companies as Significant Investment Projects.

All skill levels are included: spouses of employees in both high-skilled (TEER 0–3) and low-skilled (TEER 4–5) occupations are eligible. This applies to applications received on or after March 23, 2026.

4. Spouses of Workers Under Free Trade Agreements

Spouses of workers covered by free trade agreements such as CUSMA (formerly NAFTA) and those transitioning to permanent residence are not impacted by the January 2025 changes. These workers generally fall under the International Mobility Program and have their own eligibility pathways.

5. What About Dependent Children?

As of January 21, 2025, dependent children and their dependent children are no longer eligible for an open work permit under this measure.

There is a narrow exception: family members already in Canada can apply to extend their open work permit, even after January 21, 2025, if they are in Canada, their current work permit is valid for a shorter period of time than the principal applicant's, and they apply to extend their work permit before their initial work permit expires. This covers situations where a dependent child received a shorter initial permit due to passport validity, not as a new application pathway.

The 16-Month Work Authorization Requirement

This is one of the most commonly overlooked requirements under the current rules. For most categories (except SIP workers), the foreign worker must have at least 16 months remaining on their work permit at the time the spouse submits the open work permit application.

This means:

• If the principal worker's permit expires in 14 months, the spouse is not yet eligible (or is no longer eligible).
• If the worker renews or extends their permit and meets the 16-month threshold again, the spouse may reapply.
• Always check the work permit expiry date before submitting.

Fees

The fees for this application are the same regardless of which eligible category applies:

Fee	Amount (CAD)
Work Permit Fee	$155
Open Work Permit Holder Fee	$100
Total	$255

These fees are paid online through IRCC's secure portal and are non-refundable. If biometrics are required (most applicants aged 14–79), an additional $85 per person (or $170 for a family group) applies.

How to Apply

Applications are submitted online through IRCC's secure account portal. The process follows these steps:

Step 1: Confirm Eligibility Check the principal worker's NOC code and TEER level. Verify they have at least 16 months remaining on their permit (if required for your category). Confirm your relationship qualifies.

Step 2: Sign Into Your IRCC Account Create or log into your IRCC secure account at canada.ca. This is where you'll complete and submit your application.

Step 3: Complete the Required Forms The forms you need depend on whether you're applying from inside or outside Canada:

• Inside Canada: Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker (IMM 1249)
• Outside Canada: Application for Work Permit Made Outside Canada (IMM 1295)
• Family Information form (IMM 5645)
• Schedule A — Background/Declaration (IMM 5669)

Step 4: Gather Supporting Documents

You'll typically need:

• Valid passport (all pages with stamps, visas, or markings)
• Proof of relationship (marriage certificate or statutory declaration for common-law partnership)
• Copy of the principal worker's work permit or approval letter
• Proof of employment (offer letter, employment contract, or recent pay stubs)
• Documentation showing the worker's NOC code and TEER level
• For SIP workers: a copy of the provincial letter identifying the employer as a Significant Investment Project
• Digital passport photos meeting IRCC specifications

Step 5: Pay and Submit Pay the application fees, review everything carefully, and submit. You'll receive an acknowledgment of receipt with your application number.

Processing Times

Processing times vary based on where you're applying from, the volume of applications at IRCC, and whether biometrics or a medical exam are required. There is no guaranteed timeline.

Always check the current estimated processing time on the IRCC processing times page before submitting. For in-Canada applicants, applying well before your current status expires is important — maintained status rules may allow you to keep working while IRCC reviews your renewal, but only if you applied before your existing permit expired.

After Approval

Applying from outside Canada: You'll receive a port of entry (POE) letter of introduction. This is not your work permit — bring it, your passport, and all supporting documents to the Canadian border. A border services officer will issue the actual work permit when you arrive.

Applying from inside Canada: Your work permit will be issued and mailed to you, or made available through your IRCC account. Review it immediately for accuracy — name, expiry date, and conditions.

Your open work permit will authorize you to work for any employer in Canada. It does not restrict you to a specific job or industry. The expiry date will typically align with the principal worker's remaining authorization.

Renewals and Extensions

You can apply to renew your open work permit before it expires, as long as the principal worker remains eligible and you continue to meet the eligibility requirements. Apply at least 60–90 days before your permit expires to account for processing times.

Family members in Canada can apply to extend their open work permit even after January 21, 2025, if they are in Canada, their current work permit is valid for a shorter period of time than the principal applicant's, and they apply to extend their work permit before their initial work permit expires.

If the principal worker's permit is extended or renewed, you may also be eligible to extend your own permit to match the new timeline.

Frequently Asked Questions

My spouse holds a PGWP. Am I eligible? These changes also apply to spouses of post-graduation work permit (PGWP) holders. The principal worker must still meet the TEER and 16-month requirements for the spouse to be eligible.

I applied before January 21, 2025. What happens to my application? Applications received before January 21, 2025 will be processed under the previous eligibility criteria. If your open work permit was already approved and hasn't expired, it stays valid.

My spouse works at Lululemon or Microsoft Vancouver in BC. Do the new TEER restrictions apply? No. The March 2026 update removes previous restrictions for Significant Investment Project workers in BC, and now spouses of all SIP workers — whether in TEER 0–3 or TEER 4–5 — can apply for open work permits.

Can I work before my permit is issued? No. You cannot work until you have a valid work permit in hand. Working without authorization is a serious immigration violation that can affect future applications.

Does having an open work permit affect my ability to apply for permanent residence? No. Holding an open work permit does not restrict you from applying for permanent residence through Express Entry, a Provincial Nominee Program, or any other eligible pathway.

Summary

The open work permit program for family members of foreign workers has been substantially restructured since January 2025. The key points as of May 2026 are:

• Eligibility is limited to spouses and common-law partners — dependent children no longer qualify for new permits
• The principal worker must be in a TEER 0, 1, or eligible TEER 2/3 occupation, with at least 16 months of valid work authorization remaining
• A new exception applies to spouses of workers at BC Significant Investment Projects (currently Lululemon Athletica and Microsoft Vancouver), who qualify regardless of TEER level
• The total application fee is $255
• Permits already issued before the January 2025 changes remain valid until they expire

Always verify eligibility against the current IRCC guidelines before applying, as rules can change with limited notice.

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