Family members of workers – Canadian interest

IRCC’s current instructions set out when spouses and common-law partners of foreign nationals working in eligible high-skilled occupations may qualify for an open work permit under administrative code C41.

Who may qualify for a C41 open work permit

To qualify, the principal foreign national must, at the time a decision is made on the spousal work permit application, be authorized or provisionally approved to work in Canada for at least 16 months after IRCC receives the application. They must be working, or plan to work, in a TEER 0 or TEER 1 occupation, or in a select TEER 2 or 3 occupation listed in IRCC’s Annex A.

The principal foreign national must be residing, or plan to reside, in Canada while employed and must be in a genuine spousal or common-law relationship with the applicant. Applicants applying from within Canada must have valid temporary resident status, including maintained status, or be eligible for restoration, and must be eligible to apply for a work permit from within Canada.

Evidence IRCC may assess

Applicants should provide evidence of their genuine relationship and of the principal foreign national’s authorization or provisional approval to work in Canada. They must also show that the principal foreign national’s work authorization meets the required duration.

Where the principal foreign national holds an open work permit or is work-permit exempt, the occupation cannot be determined from the permit or visitor record alone. IRCC indicates that applicants should also provide an employer letter confirming employment, occupation, NOC and duties, or an employment offer or contract.

• Evidence of a genuine relationship may include a marriage certificate or Statutory Declaration of Common-Law Union [IMM 5409].
• Evidence of work authorization may include a work permit, visitor record, passport stamps or a letter of introduction.
• Evidence of the principal foreign national’s occupation may include a job contract, an employer letter identifying the NOC TEER category and duties, or a business plan where the principal foreign national owns a business.

Special situations addressed in the instructions

The instructions address spouses of workers covered by a free trade agreement, spouses of workers who hold open work permits issued under a temporary public policy, self-employed principal foreign nationals, family-group applications and spouses of post-graduation work permit applicants.

For applications submitted as a family group, IRCC assesses the principal foreign national’s application first. For spouses of post-graduation work permit applicants, the principal foreign national’s application is also assessed first, and employment evidence remains necessary because a post-graduation work permit is an open work permit.

IRCC also states that spouses of foreign-trained health care professionals in Quebec may be exempt from the 16-month work-permit validity requirement beginning May 25, 2026, where the stated conditions are met.

Renewals remain subject to eligibility rules

Spouses of high-skilled workers may be eligible to renew their work permit if they continue to meet the C41 eligibility requirements. At the time the renewal application is submitted, the principal foreign national must hold, or be approved for, a work permit valid for at least 16 months.

IRCC also describes a facilitation measure for certain in-Canada family members whose previous open work permits were issued before January 21, 2025. The measure applies only where the renewal duration aligns with the principal foreign national’s existing work authorization.

Source: Official IRCC announcement