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Canada welcomes migrants from all over the world and helps them settle by providing opportunities to bring their loved ones. For many, Canada feels like home only when their family is by their side. The Canadian Government offers an opportunity for spouses of foreign workers who are working legally under the Canadian government. 

If you are working in Canada, then your spouse or common-law partner is eligible to work in Canada under a valid open work permit. The speciality of this permit is that the spouse does not require a job offer or a Labour Market Impact Assessment. They can work as an employee in Canada, till the validity period. However, to attain this Open Work Permit, they are supposed to meet several eligibility criteria, including: 

• Occupation of the Primary Worker
• The type of work permit the primary worker holds
• Are they in the Permanent Resident pathway
• Mainly, they are categorised based on their skills and experience. 

Through this blog, you learn about the spouse or common-law partner of a foreign worker who is eligible under the Open Work Permit.

Who is eligible for the Open Work Permit as per the rules and regulations of the Canadian Government: 

Permanent Resident applicants: 

If the foreign worker applied under the Permanent Resident program, through certain streams like 

• Canadian Experience Class
• Federal Skilled Worker Program
• Provincial Nominee Program
• Agri-Food Pilot 

In this situation, your spouse is eligible to apply for an open work permit. Additionally, the foreign worker must carry a work permit valid for at least six months at the time of application. 

Lower Skilled Worker:

If you are working in a TEER 4 or 5 occupation and you are in a Permanent Resident pathway, then your spouse or common-law partner is eligible to work in Canada. However, the primary applicant must hold a valid work permit for at least 6 months at the time of application. 

High-Skilled Workers:

If you are working under TEER 0 or 1 in a valid work permit and must have the intent of living in Canada or clearly plan to live and work there, and if your visa has validity for 16 months, then your partner can apply for an open work permit. 

Skilled workers:

Your spouse can apply for an open work permit if you are employed in an occupation on the list of TEER 2 or 3 and carry a work authorisation for at least 16 months. 

Free trade agreements:

Here, the eligibility criteria depend on the individual's participation in one of the following free trade agreements: Canada-Korea Free Trade Agreements, Canada-European Union CETA, Canada-Ukraine CUFTA, or CPTPP. 

In short, if the foreign worker is working under a valid work permit with the intention of settling in Canada, then you can invite your spouse or common-law partner in an open work permit if you are eligible under the given criteria.

Eligible programs and pilots include the following:

• Agri-Food Pilot.
• Atlantic Immigration Program (AIP).
• Canadian Experience Class (CEC).
• Federal Skilled Trades Program (FSTP).
• Federal Skilled Worker Program (FSWP).
• Quebec Skilled Worker Selection Program (PSTQ).
• Quebec Investor Program.
• Home Child Care Provider Pilot and Home Support Worker Pilot – Direct to PR stream.
• A Provincial Nominee Program (PNP).
• Rural and Northern Immigration Pilot Program (RNIP).
• Start-up Business Class (SUV).

Eligible permanent residence (PR) pathways include the following:

• PNP
• Provincial business candidates or Quebec self-employed applicants approved for a Quebec Selection Certificate (CSQ) seeking eventual PR.
• CSQ holders currently living inside or outside of Quebec.
• Quebec investors.
• Start-up Business Class (SUV).
• AIP
• Agri-Food Pilot.
• Yukon Community Pilot.

Training, Education, Experience, and Responsibilities (TEER), and is the Canadian federal government’s method of classifying the skill level of an occupation in the National Occupation Classification (NOC), with TEER 0 being the highest skilled and TEER 5 being the lowest skilled. 

Standard conditions to be followed by the spouse: 

• The spouse or common-law partner has to hold a valid temporary residence visa
• Attachment of proof of funds to take care of yourself and your family.
• Police clearance certificate if it is mandatory 
• Be in Good health and undergo any medical treatment if required
• Genuinely, write on your return to your home town after the expiration of the open work permit. 
• Mainly, your relationship status is very important; you need to demonstrate it with proof. The common-law partner must have been together for at least 12 months.

The foreign workers who cannot invite their spouse or common-law partner are:

1. The foreign workers who are under the Immigration Refugee Board.
2. Under an enforceable removal order
3. If you are an International Student holding a study permit
4. If you are an International student working on campus without carrying a work permit.
5. If you are holding a spousal open work permit 
6. The foreign worker who has applied for PGWP and has not yet received their spouse cannot apply for OWP.

At Croyez Immigration, we understand the importance of families staying together and how difficult it can be to be apart. However, there are pathways to reunite. If you or your spouse is navigating the open work permit process. Our expert can guide you step-by-step from checking eligibility to preparing a complete application. With our experts' support, we can process the application smoothly and build your life in Canada together.