Requirement of Canada Open Work Permit: Many international students come to Canada for higher education, and after graduating, they often stay in Canada with a Post-Graduation Work Permit (PGWP). Many of these graduates are married, and their spouses may still be living outside Canada. The good news is that spouses of PGWP holders can apply for an Open Work Permit (OWP) and join their partner in Canada.
This detailed guide explains the eligibility criteria, required documents, and application process for spouses of PGWP holders.
Understanding the Post-Graduation Work Permit (PGWP)
A Post-Graduation Work Permit is given to foreign students who complete their studies at a Canadian designated learning institution. The validity of the PGWP usually matches the length of the study program, up to a maximum of three years.
Many PGWP holders use this time to gain Canadian work experience, which helps them later apply for permanent residency, especially through the Canadian Experience Class (CEC) under Express Entry.
Open Work Permit for the Spouse of a PGWP Holder
An Open Work Permit allows an individual to work for any employer in Canada, without needing a job offer. Most foreign nationals need a job offer to obtain a work permit, but spouses of PGWP holders do not.
With an Open Work Permit, the spouse can live with the PGWP holder, work in Canada, and help support the household. After gaining at least one year of eligible Canadian work experience, the spouse may also qualify to apply for Canada PR.
Eligibility Requirements for a Spouse of a PGWP Holder
To qualify for an Open Work Permit, the spouse of a PGWP holder must meet certain conditions.
Requirements for the Applicant (Spouse)
-
Genuine Relationship
They must prove they have a real marital relationship.
Evidence: Marriage certificate, photos, messages, or other proof that the marriage is genuine and not for immigration purposes. -
Admissibility to Canada
The spouse must not be inadmissible to Canada due to criminal history or health issues. -
Legal Status (if already in Canada)
If the spouse is inside Canada, they must hold valid temporary status (e.g., visitor visa). -
Intent to Leave After Permit Expiry
The spouse must show they will leave Canada when the permit expires. Ties to their home country, job commitments, property ownership, or family responsibilities can be used as proof.
Requirements for the PGWP Holder
The PGWP holder also needs to meet certain conditions before their spouse can apply.
-
Valid PGWP Duration
The PGWP holder must have at least six months remaining on their permit at the time of application. -
Eligible Employment
The PGWP holder must be working in a job classified under TEER categories:-
TEER 0 – Managerial jobs
-
TEER 1 – Professional jobs
-
TEER 2 & 3 – Technical or skilled trades
-
TEER 4 & 5 – Certain intermediate and labour roles (recently included under updated rules)
-
Documents Required to Apply for the Spousal Open Work Permit
When applying, the spouse must submit several documents:
-
Completed forms: IMM1295 (outside Canada) or IMM5710 (inside Canada)
-
Marriage certificate and relationship proof
-
Copy of the spouse’s passport
-
Passport-sized photographs
-
Copy of the PGWP holder’s valid PGWP
-
Proof of PGWP holder’s employment and job category
-
Any additional documents listed in the visa office instructions
Applicants may also need to:
-
Attend biometrics appointment
-
Undergo a medical exam, depending on nationality or type of work
Processing Time for Spousal Open Work Permit
Processing times vary depending on where the application is submitted.
-
Inside Canada: Approximately 21 weeks
-
India or similar countries: Around 8 weeks
Processing times may change, so applicants should check the latest updates on the IRCC website.
How the Spouse of a PGWP Holder Can Apply for an OWP
Here is the step-by-step process:
1. Read the Country-Specific Guide
The applicant must download and review their visa office instructions to know which forms and documents are required.
2. Gather All Required Documents
Collect every document mentioned in the IRCC guide. Some certificates or letters may take weeks to receive, so it’s best to start early.
3. Create an IRCC Online Account
The applicant must create a secure online account on the IRCC website.
4. Complete the Forms
Fill out the necessary application forms online, sign them electronically, and ensure all information is correct.
5. Pay Fees and Submit Application
Pay the required application fees (OWP fee + biometrics fee).
After submission, IRCC will review the application and may request additional documents.
Summary of Requirements
Spouse Eligibility
-
Must prove genuine marriage
-
Must be admissible (no criminal or medical issues)
-
Must hold valid status if inside Canada
-
Must show intent to leave after permit expiry
PGWP Holder Requirements
-
Must have at least 6 months validity left on PGWP
-
Must be employed in a TEER 0–5 job
Benefits of the Spousal OWP
-
Ability to work anywhere in Canada
-
No job offer required
-
Opportunity to support the PGWP holder financially
-
Gains Canadian experience to apply for PR later
