Spousal Open Work Permits in Canada Navigating the New TEER Based Eligibility Requirements

On January 14, Immigration, Refugees, and Citizenship Canada (IRCC) announced new eligibility criteria for spousal open work permits (SOWPs), which took effect on January 21. Under the new rules, spouses of foreign workers can only apply for an open work permit if their spouse is employed in:

     • A TEER 0 occupation
     • A TEER 1 occupation
     • Select TEER 2 and TEER 3 occupations

To be eligible for the spousal open work permit, the foreign worker must also have a minimum of 16 months remaining on their work permit when the spouse applies for the SOWP.

This adjustment in policy means that previously, spouses of foreign workers could apply for SOWPs regardless of the occupation their partner held. However, the new criteria now impose stricter conditions.

These changes do not affect work permits that have already been approved under previous regulations and remain valid, nor will they impact the eligibility for renewing such permits.

TEER stands for Training, Education, Experience, and Responsibilities, which is the Canadian federal government's classification system for the skill level of occupations in the National Occupational Classification (NOC), with TEER 0 representing the highest skill level.

TEER 2 jobs still eligible for a family OWP

➤ NOC Group 22 - Technical Occupations Related to Natural and Applied Sciences

 

 

➤ NOC Group 32 - Technical Occupations in Health

 

 

➤ NOC Group 42 - Front-Line Public Protection Services and Paraprofessional Occupations in Legal, Social, Community, and Education Services

 

 

➤ NOC Group 72 - Technical Trades and Transportation Officers and Controllers

 

 

➤ NOC group 82 - Supervisors in Natural Resources, Agriculture, and Related Production

 

 

TEER 3 jobs still eligible for a family OWP

➤ NOC group 33 - Assisting Occupations in Support of Health Services

 

 

➤ NOC group 43 - Assisting Occupations in Education and in Legal and Public Protection

 

 

➤ NOC group 53 - Occupations in Art, Culture, and Sport

 

 

➤ NOC Group 73 - General Trades

 

➤ NOC group 83 - Occupations in Natural Resources and Related Production

 

 

How to find your occupation’s NOC code

The job title associated with your occupation’s NOC code may not match the job title given by your employer. For the purposes of the NOC, what matters is which duties and responsibilities you performed for a given role (regardless of what your title was).

To determine your NOC code, compare the main duties listed in the NOC to the duties you performed in your role. For most immigration purposes, you must have performed all the duties in the lead statement of the NOC, and at least 51% of the main duties.

For more details on the TEER levels and Canada’s NOC system, visit the official immigration webpage.

How to Apply for a Spousal Open Work Permit (SOWP) with Lalani & Associates

Background on today’s change

Today’s measures are part of a wider suite of initiatives that the Canadian government has undertaken to reduce the temporary resident (study or work permit holder) population in Canada.

The changes to SOWP eligibility for spouses of students and foreign workers in effect today were first announced in September of 2024.

At a press conference on September 18 of that year, Immigration Minister Marc Miller said that the government would be limiting the availability of SOWPs to spouses of foreign workers working in highly skilled and/or in-demand occupations. At the time the minister provided only a high-level description of which occupations would provide for SOWP eligibility.

In addition, at the same press conference, Miller also announced his intention to limit the availability of SOWPs to spouses of international students enrolled in

⦿ Doctoral programs;
⦿ Master's programs of at least 16 months in duration Study at the master's level; or
⦿ One of the following professional degree programs:

     • Doctor of Dental Surgery (DDS, DMD).
     • Bachelor of Law or Juris Doctor (LLB, JD, BCL).
     • Doctor of Medicine (MD).
     • Doctor of Optometry (OD).
     • Pharmacy (PharmD, BS, BSc, BPharm).
     • Doctor of Veterinary Medicine (DVM).
     • Bachelor of Science in Nursing (BScN, BSN, BNSc).
     • Bachelor of Education (B. Ed.).
     • Bachelor of Engineering (B. Eng., BE, BASc).

Miller said that the government expected that the above changes would result in the issuance of 150,000 fewer SOWPs over the next three years.

Further to these changes, IRCC has also implemented targets for admission of net new work permit holders under the International Mobility Program (IMP) - under which SOWPs are issued - within the annual Immigration Levels Plan. The following table breaks down IRCC’s planned total admissions of net new IMP work permit holders from 2025 to 2027:

 

 

Many of the TEER 2 and TEER 3 occupations that still provide eligibility for SOWPs align with occupations in the Federal Economic Priorities bucket for planned admissions of new permanent residents: healthcare and trades.