Yes, recent IRCC policy updates allow caregivers working in TEER 4 and 5 occupations to bring their spouses to Canada on a Spousal Open Work Permit (SOWP). The principal applicant must be employed, and the standard application fee for the spouse is $255 CAD.
Family reunification is a core pillar of Canada’s immigration system. For years, caregivers arriving in Canada faced the difficult reality of leaving their spouses and children behind while they fulfilled their work requirements. Thankfully, Immigration, Refugees and Citizenship Canada (IRCC) has updated its policies to be more inclusive, extending spousal open work permit eligibility to workers in lower-skilled categories, including caregivers.
Whether you are settling in the bustling suburbs of Vancouver or the quiet neighbourhoods of Halifax, bringing your family with you can make your Canadian journey far more rewarding. Navigating the SOWP application can be heavily document-dependent, and even a small error can result in a refusal. Many applicants choose to work with a qualified Canadian immigration lawyer from our directory to maximize their chances of success.
Step-by-Step Process for Spousal Open Work Permits in Canada
Securing a Spousal Open Work Permit involves proving both the principal applicant’s status in Canada and the genuineness of the relationship. This is a federal process managed by IRCC, meaning the rules are the same whether you live in Ontario, Alberta, or Nova Scotia.
Step 1: Confirm Principal Applicant Eligibility
Before applying, the principal caregiver must prove they are legally working in Canada. 📋 You must hold a valid work permit (such as an occupation-restricted open work permit under the caregiver pilot programmes) and provide evidence of current employment. This typically involves showing your most recent pay slips, a letter of employment, and a copy of your work permit. You must be working in an eligible TEER category, which now includes home child care providers and home support workers.
Step 2: Gather Relationship and Supporting Documents
IRCC rigorously checks for marriages of convenience. You must provide solid proof of a genuine relationship with your spouse or common-law partner. Necessary documents generally include a marriage certificate, shared bank account statements, photographs together, and proof of shared communication if you have been living apart. If your documents are not in English or French, they must be officially translated by a certified translator.
Step 3: Submit the Application Online
Once all documents are gathered, the spouse (who may be outside Canada or already inside Canada on a visitor visa) must submit the application online via the IRCC secure portal. They will need to fill out Form IMM 1295 (if applying outside Canada) or Form IMM 5710 (if inside Canada). Ensure that the “Open Work Permit” option is clearly selected. After submission, the spouse will likely receive a request to provide biometrics at a local Visa Application Centre (VAC) or Service Canada location.
| Applicant Location | IRCC Form Required | Biometrics Required? |
|---|---|---|
| Outside Canada | IMM 1295 | Yes (if not done in last 10 years) |
| Inside Canada (Visitor) | IMM 5710 | Yes (if not done in last 10 years) |
How Much Does it Cost in Canada?
The costs for a Spousal Open Work Permit are set federally by IRCC. Keep in mind that these fees are non-refundable, even if the application is refused. All amounts are in Canadian dollars (CAD).
- Work Permit Processing Fee: $155 CAD.
- Open Work Permit Holder Fee: $100 CAD.
- Biometrics Fee: $85 CAD per person (or $170 maximum per family).
- Translation Services: $50 – $150 CAD per document.
- Lawyer Fees: Engaging a law firm for a SOWP typically costs between $1,500 and $3,500 CAD.
How Long Does the Process Take?
📅 SOWP processing times depend entirely on where the application is submitted. For spouses applying from outside Canada, the processing time aligns with standard work permit timelines for their specific country, which can range from 10 to 20 weeks. For spouses applying from within Canada, processing usually takes about 3 to 5 months. Applying well before the principal applicant’s work permit expires is highly recommended.
Frequently Asked Questions (FAQ)
Can my spouse work for any employer in Canada?
Yes. A Spousal Open Work Permit allows your partner to work for almost any employer in Canada, in any province, without needing a Labour Market Impact Assessment (LMIA). Exceptions exist for certain healthcare or childcare jobs unless a medical exam is passed.
Are our children eligible to come to Canada as well?
Yes. Dependent children can apply for visitor records, or study permits if they are of school age. Minor children accompanying a worker in Canada can often study at local Canadian public schools without paying international student fees.
Do we need to show proof of funds?
While there is no strict minimum like in the Express Entry programme, IRCC officers want to see that your family can support itself upon arrival. Providing Canadian bank statements showing savings of $5,000 to $10,000 CAD is strongly recommended.
What happens if the SOWP application is refused?
If refused, IRCC will provide a letter outlining the reasons. You may be able to reapply with stronger evidence, or apply for reconsideration. Consulting an immigration lawyer at this stage is crucial to correct the errors.
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