Last week, I got a call from Sarah, whose spousal open work permit was about to expire in three weeks. Her husband was a PhD student at the University of Toronto, so she thought renewing it would be simple. “I’ve been working here for two years,” she said. “Surely extending is just paperwork?”
That’s when I had to explain the January 21, 2025, policy changes that have dramatically altered spousal open work permit eligibility. What used to be relatively simple has become much more restrictive, and many spouses are discovering they no longer qualify for extensions.
If your spousal open work permit is approaching expiry, you need to understand exactly where you stand under the new rules. The eligibility criteria have changed, and assumptions based on previous extensions could lead to costly rejections.
What is a Spousal Open Work Permit Extension?
A Spousal Open Work Permit Extension is the process of renewing a work permit that allows the spouse or common-law partner of an international student or temporary foreign worker in Canada. If you already hold a Spousal Open Work Permit (SOWP), an extension ensures you can keep working while your partner continues their studies or employment in Canada.
Who Can Extend a Spousal Open Work Permit in 2025?
The January 21, 2025, policy changes created two distinct categories for spousal open work permit extensions, each with specific eligibility requirements.
Eligibility for Spouses of International Students
Your extension eligibility now depends entirely on what your spouse is studying. The days of automatic spousal work permits for all international students are over.
Eligible Academic Programs
Spouses of international students may qualify only if the student is enrolled in one of the following:
- Master’s programs lasting 16 months or longer
- PhD programs (any duration)
- Designated professional Bachelor’s programs, including:
- Doctor of Dental Surgery (DDS)
- Juris Doctor (JD)
- Doctor of Medicine (MD)
- Bachelor of Science in Nursing
- Engineering degrees
- Bachelor of Education
- Other IRCC-approved professional programs
Mandatory Requirements
To qualify for a spousal open work permit extension, all of the following must be true:
- The student is enrolled full-time
- The student is not in their final academic term
- Your work permit must expire on or before the student’s study permit
- The program is offered by a Designated Learning Institution (DLI)
What changed with this SOWP update?
Spouses of students in regular bachelor’s programs, college diplomas, or certificate programs can no longer extend their open work permits unless the program is in a designated professional field.
A client from India recently told me: “My husband is in his third year of a business administration undergrad degree. I never imagined that would disqualify me from extending my work permit. We had to rethink our plans completely.”
Eligibility for Spouses of Foreign Workers
Worker spouse eligibility is now tied to specific occupation categories and skill levels.
Eligible Worker Categories
- TEER 0 positions: Senior management roles
- TEER 1 positions: Professional occupations requiring university education
- Selected TEER 2 and TEER 3 positions in priority sectors:
- Healthcare and social assistance
- Natural and applied sciences
- Education, law, government, and social services
- Construction and skilled trades
- Sports, recreation, and military occupations
- Express Entry targeted sectors
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Critical timing requirement for SOWP Extension
The principal worker’s permit must have at least 16 months remaining when you apply for your spousal extension.
Spouses of workers in retail, food service, general labour, or many other service sectors can no longer extend their open work permits unless their spouse’s occupation falls within priority sectors.
Who is Not Impacted by the 2025 Changes?
Before you panic about the new restrictions, check if you’re protected under existing rules:
Grandfathered Permits
Permits issued before January 21, 2025, remain valid under the previous rules until expiry. This means if you received your current spousal open work permit before this date, you can extend under the old, more flexible eligibility criteria.
International Agreement Exemptions
Spouses covered under international agreements remain exempt from the new restrictions:
- CUSMA (Canada-United States-Mexico Agreement) beneficiaries
- CETA (Comprehensive Economic and Trade Agreement) with EU
- Other bilateral trade agreement beneficiaries
Permanent Residence Transition Cases
Spouses of applicants who are already in the permanent residence process (with acknowledged applications) are generally unaffected by the new restrictions.
Important note for families: As of 2025, dependent children of foreign workers are no longer eligible for open work permits, regardless of when their previous permits were issued.
Sarah, the PhD student’s wife I mentioned earlier? She was fortunate – her current permit was issued in November 2023, but it’s expiring now, so she could extend under the previous rules since her current permit predates the January 2025 changes. However, any future extensions after this one will need to meet the new criteria.
Required Documents for SOWP Extension
Meeting the basic eligibility criteria is just the starting point. Here are the comprehensive requirements for a successful extension:
Status Requirements
You must have:
- A currently valid spousal open work permit, OR
- Maintained status through a timely extension application before your current permit expired
- Legal status in Canada at the time of application
- A genuine spousal or common-law relationship with the principal applicant
Your spouse must have:
- A valid study permit or work permit
- Continued eligibility under their current immigration status
- Enrollment or employment that meets the new criteria mentioned above
Relationship Evidence
Immigration officers require comprehensive proof of your genuine relationship:
- Marriage certificate (if married)
- Common-law relationship evidence (if applicable):
- Joint lease agreements or property ownership
- Shared bank accounts or financial documents
- Joint insurance policies
- Evidence of cohabitation for at least 12 months
- Recent photos together
- Communication records if you’ve spent time apart
Supporting Documentation
For all applicants:
- Current work permit and all previous permits
- Valid passport (must have sufficient validity for permit duration)
- Proof of relationship as outlined above
- Application fees payment confirmation
- Biometric appointment confirmation (if required)
For spouses of students:
- Spouse’s current study permit
- Official enrollment confirmation from the educational institution
- Transcripts or academic records showing program progress
- Letter from school confirming program type and duration
For spouses of workers:
- Spouse’s current work permit
- Employment letter confirming job title, duties, and TEER classification
- Pay stubs or employment records
- Proof that employment meets priority sector requirements
A construction manager’s wife from the Philippines shared: “I thought my husband’s foreman position would qualify, but we had to get a detailed letter from his employer explaining how his role fit into TEER 2 construction management to prove eligibility.”
Application Process for SOWP Extension
The spousal open work permit extension process requires careful timing and complete documentation.
Application Submission
Apply online through the IRCC portal before your current permit expires to maintain implied status. Late applications can result in loss of legal status and potential removal proceedings.
Required fees (as of 2025):
- Work permit fee: $155
- Open work permit holder fee: $100
- Biometric fee: $85 (if required)
- Restoration fee: $229 (if applying after permit expiry)
Please check IRCC fees and processing times for the most up-to-date information.
Processing Time
- Standard processing times vary by country
- Complete applications with all required documents process faster
- Missing documentation causes significant delays
- Peak application periods (summer/fall) may extend processing times
Permit validity limitations: Your extended permit can only be issued until the earliest of:
- Your spouse’s permit expiry date
- Your passport expiry date
- Your biometrics expiry date (10 years from collection)
Passport renewal strategy: If your current permit was shortened due to passport expiry, renew your passport before applying for extension to maximize the new permit’s validity period.
Maintaining Status During Processing
Implied status protection: Submitting your extension application before your current permit expires allows you to continue working under the same conditions while awaiting a decision.
What implied status covers:
- Continue working for any employer (open work permit benefits)
- Remain in Canada legally
- Same privileges as your expired permit provided
What implied status doesn’t cover:
- Travel outside Canada (you may face re-entry difficulties)
- Changes to your work permit conditions
- Extensions beyond your spouse’s status validity
Common Scenarios and Answers
Based on frequent situations in my practice, here are the most common challenges and solutions:
Scenario 1: Spousal Work Permit Shorter Than Principal’s
Question: “My work permit expires in March 2025, but my husband’s study permit is valid until December 2025. Can I get a full extension?”
Answer: Yes, if your passport and biometrics have sufficient validity. Your extended permit can be issued until your husband’s permit expires, assuming you meet all other requirements.
Scenario 2: Principal’s Status Change Impact
Question: “My wife just changed from a student to a work permit holder. Does this affect my spousal permit extension?”
Answer: Potentially yes. You must ensure her new work permit meets the 2025 eligibility criteria (TEER levels and priority sectors). The transition might require additional documentation proving her new employment qualifies under current rules.
Scenario 3: Non-Designated Program Enrollment
Question: “My husband is in a two-year college business program. Can I still extend my spousal permit?”
Answer: Under 2025 rules, probably not, unless the business program is specifically designated as professional education. College diplomas and certificates generally no longer qualify for spousal open work permits.
Scenario 4: Principal Transitioning to PR
Question: “We’ve submitted our permanent residence application. How does this affect my spousal work permit extension?”
Answer: Bridging Open Work Permit Option: Spouses whose principal applicant has received an Acknowledgment of Receipt (AOR) for permanent residence may qualify for a bridging open work permit, which could be more beneficial than a standard spousal extension. This requires specific documentation proving your PR application is in progress.
A marketing manager’s husband from Brazil told me: “Understanding that my spouse’s transition to permanent residence created different opportunities saved us from applying for the wrong type of extension.”
Don’t Risk Your Future in Canada
The 2025 changes to spousal open work permit eligibility have created complexity that didn’t exist before. What used to be straightforward extensions now require careful analysis of program types, occupation classifications, and timing considerations.
If your SOWP is expiring soon, don’t wait, the new rules are strict, and rejections are rising. The policy changes have created winners and losers.
Some spouses who previously qualified can no longer extend their permits, while others benefit from clearer, more predictable criteria. The key is understanding exactly where you stand and planning accordingly.
At ELAAR Immigration, our licensed professionals stay current with policy changes and can assess your specific situation under the updated rules.
Contact our team today for a comprehensive evaluation of your spousal open work permit extension eligibility and to ensure your application meets all 2025 requirements.
Frequently Asked Questions
Who can extend a spousal open work permit after January 21, 2025?
Only spouses of international students in eligible programs (Master’s 16+ months, PhD, or designated professional Bachelor’s programs) and spouses of foreign workers in TEER 0/1 positions or priority sector TEER 2/3 occupations. Permits issued before January 21, 2025, can extend under previous rules until expiry.
Can spouses of international students studying bachelor’s programs outside designated fields extend SOWP?
Generally, no, unless the bachelor’s program is specifically designated as professional education (DDS, JD, MD, Nursing, Engineering, Education, etc.). Regular bachelor’s degrees in fields like business, arts, or sciences don’t qualify under the 2025 rules.
Are spouses of foreign workers in all TEER occupation levels eligible?
No. Only TEER 0 and 1 occupations automatically qualify. TEER 2 and 3 occupations must be in priority sectors, including healthcare, natural sciences, education, construction, sports, military, or Express Entry-targeted sectors.
Can dependent children apply for open work permits?
No. As of 2025, dependent children of foreign workers are no longer eligible for open work permits, regardless of their parents’ occupation level or previous permit history.
What documentation proves a genuine relationship?
Marriage certificates for married couples, or for common-law partners: joint leases, shared bank accounts, joint insurance policies, evidence of 12+ months cohabitation, recent photos together, and communication records if separated by travel.
What are the implications if your application is late?
Applying after permit expiry results in loss of legal status, inability to work, potential removal proceedings, and additional restoration fees ($229). Late applications are subject to higher scrutiny and longer processing times.
Can I travel while my extension is processing?
Travel outside Canada while on implied status is strongly discouraged. If you leave, you risk losing your maintained status. You may be allowed back as a visitor, but you cannot work again until IRCC approves your new work permit.
What happens if my spouse’s status expires while my extension is being processed?
Your spousal permit extension will likely be refused if your spouse loses legal status in Canada. Ensure their permits are valid and up to date before applying for your extension.
