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Spouse or common-law partner work permit

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Spouse or common-law partner of a Student
Spouse or common-law of a Worker
Family members of high-skilled workers
Family members of low-skilled workers
How to apply

Your spouse or common-law partner may be eligible for an open work permit if you are a full-time student at a public post-secondary school, or if you are a skilled worker (NOC 0, A or B) with a proof of employment.

Common-law means you have lived continuously with your partner in a marital-type relationship for a minimum of one year.

The work permit for your spouse or common-law partner is valid for the same period of time as your study permit or work permit.

You can apply online or on paper.

Spouse or common-law partner of a Student

Eligibility

Your spouse may apply for a work permit if:

You are a full-time student at a public post-secondary school such as a college or university OR Canadian private school that can legally award degrees under provincial law (i.e. Bachelors, Masters or Doctorate degree)
AND
Have a valid study permit

Note: A spouse of an ELI student are not eligible to apply for a spouse work permit. Your spouse may apply for a spouse work permit after you start a post-secondary or a Post-Graduate program at MITT.

Visit this link for details: www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html

Documents required (in-Canada application)

Documents required for spouse or common-law partner work permit:

Document Checklist [IMM 5556]
Application to Change condition, Extend my stay and Remain in Canada as a Worker [IMM 5710]
Photocopy of spouse’s passport pages
Photocopy of you and your spouse’s current permit or visa
Proof of your academic standing (letter from institutional registrar OR photocopies of transcripts from you last two periods of study)
If you are married, provide a photocopy of marriage license or certificate.
- If your document is not in English or French, provide a certified translation.
- To find a certified translator, visit: atim.mb.ca/directory, www.stibc.org or atio.on.ca
If you are a common-law partner, provide Statutory Declaration of Common-Law Union [IMM5409]. Take the declaration form to a Notary Public, Commissioner of Oaths, or Commissioner of Taking Affidavits.

Visit IRCC website for the official information and download the most recent application forms: www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-your-stay-canada-worker.html

How to apply

You can apply online or on paper.

Applying online (in-Canada application)

Follow these steps:

Create your Government of Canada online account
- Visit this link: www.canada.ca/en/immigration-refugees-citizenship/services/application/account.html
Click Continue to GC Key button to start.
Sign up with your information
Click Sign Up button to create your profile.
Don’t forget your username, password and security answers! You will need them later.
Start an application
- Click Apply to come to Canada to start an application under Start an application section.
Personal checklist
- If you have a Personal Reference Code, click Continue.
- If you don’t have a Personal Reference Code, click Visitor visa, study and/or work permit.
Find out if you’re eligible to apply
- Fill out your information and click Next to check your eligibility.
- You won’t see this step if you have a personal reference code.
Your results for eligibility
- Click Continue to proceed with application.
Create your personal checklist
- Click Continue to proceed with your personal check list.
Answer the series of questions and review your answers.
- Click Continue to proceed.
Submitting your application
- Read instructions thoroughly and click Continue.
Your document checklist
- Application Form:
  - Click Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] to download the form.
  - Fill out all the information and validate the form.
  - Upload the form by clicking Upload File button.
- Supporting Documents:
  - Upload each document by clicking Upload File button
    - Proof of your academic standing: letter from institutional registrar, OR photocopies of transcripts from you last two periods of study
    - Spouse’s Passport: scan the biodata page (a page with your picture, name and signature) and all stamped pages
    - Spouse’s current permit or visa
    - Marriage certificateor Statutory Declaration of Common-Law Union [IMM5409]: PDF, JPG, TIFF, PNG, DOC or DOCX format with maximum of 4MB file size is accepted
    - Any additional documents applicable to you
  - Once all the required form and documents are provided, Next button will appear. Click Next to proceed.
Your declaration and electronic signature
- Make sure every document has been uploaded and Details status is Uploaded.
- Agree to the declaration, type an electronic signature, answer the security question, then click Sign button to proceed.
Signature
- Click Transmit and pay to proceed. You can pay with Visa, MasterCard, American Express, JCB, China Union Pay, or a debit card (Visa Debit, Debit MasterCard, Interac).
Congratulations!
- Once submitted, congratulations message will be displayed. You will receive a fee payment receipt and Acknowledgement of Receipt letter on your Government of Canada online account. This is your proof of application submission. Make sure you keep them for your record.

Applying on paper (in-Canada application)

Follow these steps:

Download and print the application package from this link: www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-your-stay-canada-worker.html
Fill out the forms and print them.
Prepare the required documents from Document Checklist.
Pay the application fee online.
- Visit this link to pay and print out the fee payment receipt. www.cic.gc.ca/english/information/fees/pay.asp
Review your application package.
Mail the complete application package to IRCC. Keep a copy of the application. Send it by a registered mail and keep the tracking number for your record.

Visit this IRCC link for detailed information and requirements: www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html

Spouse or common-law of a Worker

Starting January 30, 2023, family members of most foreign workers can apply for an open work permit. A few exceptions may apply to family members of low-skilled workers. Refer to Changes to open work permit eligibility for family members of foreign workers - Canada.ca for details.

Who can apply

Your family member may be eligible for this temporary measure if they’re a family member of a principal foreign worker in Canada who is any of the following:

Family members of high-skilled workers

Requirements for the principal foreign worker

The principal foreign worker must meet 4 requirements:

They’re legally authorized to work in Canada with 1 of the following:
- a valid work permit (employer-specific or open under a non-spousal category)
- an authorization to work without a work permit (exception: family members of students who can work off-campus or who are transitioning to a post-graduation work permit [PGWP] are not eligible)
Their work permit or authorized work must be valid for at least 6 months after the family member’s open work permit application is received.
They’re employed in a high-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 0, 1, 2 or 3 of the National Occupation Classification system) at the time of the family members’ application.
They’re living or plan to live in Canada while working.

Requirements of the family member

You (the family member) must meet 3 requirements:

You meet the general eligibility requirements for a work permit.
You are in a genuine relationship with the person who makes you eligible for this open work permit and be any one of the following:
- the spouse or common-law partner of the principal foreign worker
- the dependent child of the spouse or the principal foreign worker
  - A dependent child cannot be the principal foreign worker.
- the dependent child of the dependent child (grandchild of principal foreign worker or spouse). Before your dependent children work in Canada, check the minimum age required to work in the province/territory and in the job type they plan to work in.
If you’re in Canada, you’re in one of the following situations:
- You have a valid temporary resident status.
- You’ve applied to extend your status before it expired (maintained status).
- You’re eligible to restore your status.

Family members of low-skilled workers

Requirements for the principal foreign worker

The principal foreign worker must meet 4 requirements:

They work in Canada with 1 of the following:
- a valid work permit (employer-specific or open under a non-spousal category)
- an authorization to work without a work permit (exception: family members of students who can work off campus or who are transitioning to PGWP are not eligible)
Their work permit or their authority to work without a work permit must be valid in Canada for at least 6 months after the family member’s open work permit application is received.
They’re employed in a low-skilled occupation (TEER 4 or 5 of the National Occupation Classification system) at the time of the family members’ application.
They’re living or plan to live in Canada while working.

Requirements for the family member

You (the family member) must meet 3 requirements:

You meet the general eligibility requirements for a work permit.
You’re in a genuine relationship with the person who makes you eligible for this open work permit and are any one of the following:
- the spouse or common-law partner of the principal foreign worker
- the dependent child of the spouse or the principal foreign worker
  - A dependent child cannot be the principal foreign worker. Before your dependent children work in Canada, check the minimum age required to work in the province/territory and in the job type they plan to work in.
- the dependent child of the dependent child (grandchild of principal foreign worker or spouse) Before your dependent children work in Canada, check the minimum age required to work in the province/territory and in the job type they plan to work in.
If you’re in Canada, you’re in one of the following situations:
- You have a valid temporary resident status.
- You’ve applied to extend your status before it expired (maintained status).
- You’re eligible to restore your status.

How to apply

Support your application with proof that you meet the requirements

You must support your application with proof. What you need to submit depends on the stream of work the principal foreign worker has applied under.