For many families, whether a spouse or common-law partner can work legally in Canada determines whether a study or work plan is financially viable. The Spousal Open Work Permit (SOWP), however, is no longer broadly available. IRCC narrowed eligibility significantly on January 21, 2025, and on March 4, 2026 it updated officer instructions for spouses of international students (C42) with a new final-term rule.
This article summarizes the current conditions based on IRCC's official notice and updated program delivery instructions.
1. Background: The January 21, 2025 changes
Under IRCC's notice effective January 21, 2025, family open work permits for temporary residents are limited to specific groups:
Spouses of students are eligible only if the student is in a master's program of 16 months or longer, a doctoral program, or select professional programs.
Spouses of foreign workers are eligible only if the worker is in a TEER 0 or 1 occupation, or in designated TEER 2 or 3 occupations in sectors with labour shortages or government priorities.
Dependent children of foreign workers are no longer eligible for open work permits.
Previously issued permits remain valid until expiry.
2. Spouses of international students (C42)
The principal applicant must hold a valid study permit and be enrolled in:
A master's program of at least 16 months. If the letter of enrolment shows a range (e.g., "12–18 months"), the minimum must be 16 months or more.
A doctoral (PhD) program.
Select professional programs on IRCC's list, covering fields such as medicine, dentistry, law, engineering, nursing, pharmacy and education, plus certain provincially or territorially designated programs.
College diplomas, post-graduate certificates and most bachelor's programs no longer qualify for new applications — a significant change for Vietnamese students, many of whom previously enrolled in college programs in Manitoba.
The final-term rule (since March 4, 2026): IRCC instructs officers to refuse C42 applications if the student is in the final academic term of their program at the time of application, including extension applications. IRCC's rationale is that a student in their final term is no longer "actively pursuing" studies for the purpose the program supports. Applications submitted before March 4, 2026 are assessed under the previous rules.
For permits issued before January 21, 2025, extensions are considered only if the student remains in the same program and the requested duration matches the study permit.
3. Spouses of foreign workers
The principal worker must meet both conditions:
Occupation: TEER 0 or TEER 1, or a designated TEER 2 or 3 occupation in natural and applied sciences, construction, health care, natural resources, education, sports or the military. TEER 4 and 5 occupations generally do not qualify.
Permit validity: at least 16 months remaining on the worker's permit when the spouse applies.
For example, a cook (NOC 63200, TEER 3) with 12 months left on their permit would not meet either condition, while a software engineer (TEER 1) with 20 months remaining may meet the basic criteria.
4. Exceptions
Spouses covered by free trade agreements (e.g., CUSMA, CETA) are not affected by these limits.
People transitioning to permanent residence — such as inland spousal sponsorship applicants, or family members of PR applicants who meet the relevant temporary public policies — are assessed under separate rules.
5. Proving the relationship
Applicants must show a genuine relationship: a marriage certificate for spouses, or evidence of at least 12 months of continuous cohabitation for common-law partners (shared leases, bills, joint accounts). Documents in Vietnamese require certified English or French translations.
6. Practical steps
Confirm program length before applying to study. If the plan depends on the spouse working, verify that the master's program is listed as 16 months or longer.
Time the application. For student-based applications, avoid applying — including for extensions — during the final term. For worker-based applications, apply while the principal's permit has at least 16 months left.
Confirm the correct NOC code and TEER category based on actual job duties, not just the job title.
Prepare relationship evidence thoroughly from the start.
Consider the longer-term pathway: once the principal receives a provincial nomination (such as MPNP) or applies for PR, the spouse's options may fall under different policies.
Conclusion
The SOWP still exists, but eligibility now depends closely on the program type, occupation category, remaining permit validity and timing of the application. IRCC updates these rules periodically, so requirements should be checked against current instructions at the time of filing.
For a closer look at spousal open work permit eligibility, Manitoba provincial nomination, and the pathways that fit your family's specific profile, please contact Nonsuch Immigration directly via Zalo 0946 749 585 or WhatsApp 204 963 9288.
This article provides general information and is not a substitute for advice on an individual case.
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