Who is eligible
The spouse or common-law partner of an international student, who has graduated from a recognized institution and qualifies for the Post-Graduation Work Permit (PGWP), could also qualify for an open work permit if they meet the general eligibility requirements for a work permit AND you (the main applicant):
- Are authorized to work in Canada
- Are employed or will be employed in a job that falls under category 0, 1, 2, or 3 of the Training, Education, Experience, and Responsibilities (TEER) in the National Occupation Classification (NOC) system when the family member applies
- Have a work permit valid for at least six months after the family member's application is received by Immigration, Refugees and Citizenship Canada (IRCC)
- Are living or plan to live in Canada while working
When to apply:
When you apply for your PGWP, your family member may also submit their application online at the same time, on the condition that they have arrived in Canada and meet the eligibility requirements for a work permit upon entry.
Should they opt to apply for an open work permit after your PGWP application has been filed, they are permitted to do so even if you are awaiting a decision on your PGWP or if you are employed without a work permit while transitioning from a full-time student to a PGWP holder. However, it is important to note when applying after the initial PGWP submission:
- The processing of your family member's open work permit application is contingent upon the approval of your PGWP.
- If the decision on your PGWP is still pending by the time their application is assessed, there is a risk that the open work permit application may be refused.
They can also choose to apply after you receive your PGWP. Please note that your family member’s open work permit won’t be valid longer than your PGWP.
Documents to prepare:
As a PGWP holder, to support your family member’s open work permit application, you may need to provide the following:
- Evidence of a genuine relationship with your family member, and
- Proof that you can or will be legally authorized to work in Canada. This is not required if you and your family member apply at the same time or if you are a PGWP holder.
- Proof that you can work in Canada for at least 6 months after IRCC receives the family member’s work permit application. This is also not required if you and your family member apply at the same time, and
- Proof that you are or will be working in an occupation in eligible TEER category of the National Occupation Classification (NOC) system such as a letter from your employer that either confirms you are employed or offers you a job. This letter must include your employment details, your occupation, a description of your duties, and the specific NOC or TEER category under which your job is classified.
You may be employed part-time. Although there is no standard minimum of hours required, IRCC officers have to be satisfied that your wages or funds will be sufficient to financially support yourself and your family members while in Canada.
How to apply:
When submitting your application for an open work permit online along with your family member's application, it's essential to provide accurate responses to specific questions to ensure both applications are processed together.
Firstly, when asked if you intend to include a family member's application with yours, select "Yes" for the question "Do you want to submit an application for a family member?"
Secondly, for the question "Why is your family member visiting Canada?" choose the option "Work with an Open Work Permit."
Correctly answering these questions activates the system to generate the appropriate document checklists for your family member under your application, ensuring streamlined processing of both applications.
IRCC Temporary Policy:
On December 2, 2022, Immigration, Refugees and Citizenship Canada (IRCC) announced a temporary policy set to begin on January 30, 2023. This policy, effective for two years, extends the eligibility for open work permits to include the spouses and working-age children of certain work permit holders under the Temporary Foreign Worker Program (TFWP). Specifically, family members of the main applicant who are employed in a job categorized under the category 4 or 5 of TEER (high-wage stream only) in the National Occupation Classification (NOC) system, can now also apply for an open work permit. “High-wage stream” refers to positions with wages at or above the provincial or territorial median hourly wage.