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Spousal open work permit: who still qualifies in 2026

Immigration The spousal open work permit is no longer automatic. Since 21 January 2025 the rule has been tightened considerably, and many families who would have qualified two years ago no longer do. Here is where things stand — including…

Immigration

The spousal open work permit is no longer automatic. Since 21 January 2025 the rule has been tightened considerably, and many families who would have qualified two years ago no longer do. Here is where things stand — including a Quebec change that took effect on 5 June 2026.

If you are a student

The spouse of an international student is eligible only if the student holds a valid study permit and is enrolled in one of the following:

  • a master’s degree programme of 16 months or longer;
  • a doctoral programme;
  • a designated eligible programme;
  • certain professional programmes on IRCC’s list.

In other words, an ordinary bachelor’s degree, a DEC, an AEC or a short master’s no longer carries this right. This is the change that catches recently arrived families most often.

If you are a worker

For the spouse of a foreign worker, eligibility turns on three things: the type of permit you hold, the TEER category of your occupation, and whether you are on a pathway to permanent residence.

  • occupations in TEER 0 and TEER 1 give the spouse access;
  • selected occupations in TEER 2 and TEER 3 also qualify — IRCC publishes the exact list, occupation by occupation;
  • people working on a significant investment project in British Columbia fall under separate rules.

So the first step is to find the NOC code for your job and its TEER category. This is not administrative trivia: it is the condition that decides the outcome.

The Quebec change of 5 June 2026

As of 5 June 2026, the spouse or common-law partner of a temporary worker who has applied for permanent selection under the Programme de sélection des travailleurs qualifiés (PSTQ) may be eligible for an open work permit, if they meet the requirements.

This is a meaningful opening for families settled in Quebec who are already in the provincial selection process, and it is recent enough that many of the people it affects do not yet know about it.

If the spouse is not eligible

Not qualifying for the open work permit does not close every door. Depending on the situation, the spouse may:

  • apply for another type of work permit, tied to an employer;
  • apply for a study permit if they want to train;
  • come or stay as a visitor, if they do not plan to work.

What to check before anything else

IRCC publishes an official questionnaire that establishes a family member’s eligibility in a handful of questions. That is the honest starting point for any application: the rules have changed three times in eighteen months, and advice found in discussion groups is very often out of date.

Official sources

  • Help your spouse or common-law partner work in Canada — international students, Immigration, Refugees and Citizenship Canada
  • Open work permits for family members of foreign workers — who can apply, IRCC
  • Changes to open work permits for family members of temporary residents, IRCC

This article is general information and is not legal advice. Every file depends on the individual’s exact circumstances.

Find out whether your spouse can work

We check your study programme or your NOC code, your status and your permanent-residence route, and tell you what is possible today.

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Cet article donne une information générale et ne remplace pas un avis juridique. Nous collaborons avec des cabinets juridiques et des avocats autorisés lorsque des conseils juridiques ou une représentation sont requis.

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