Yes, legally married spouses and common-law partners of Start-up Visa (SUV) founders can apply for a Spousal Open Work Permit (SOWP) under the C49 LMIA exemption code (Family Members of Economic Class PR Applicants). Since the SUV work permit program closed to new applicants on December 19, 2025, this is available to spouses of founders who already hold or are extending an active permit, allowing them to work for almost any employer at any TEER level with no TEER restrictions for $255 CAD in basic IRCC fees.
Moving your family to a new country to launch a tech startup is an exciting but daunting endeavour. Since October 3, 2024, the principal founder is no longer restricted to a closed work permit and is instead granted a three-year open work permit, allowing them to also supplement their income outside the startup. However, as of December 19, 2025, IRCC stopped accepting new applications for the optional SUV open work permit. Currently, only founders who already hold an active SUV work permit can apply for extensions, and families often wonder how this affects their spouse’s ability to work in Canada. Fortunately, Canada continues to support family integration for those already in the pipeline.
Spouses of Start-up Visa founders are generally eligible for a Spousal Open Work Permit (SOWP). 📊 This powerful immigration document allows your partner to seek employment anywhere in Canada-whether as a software engineer in Ottawa, a retail manager in Edmonton, or a healthcare worker in Toronto. Navigating this federal application properly with the help of a Canadian immigration law firm ensures your entire family can thrive during the transitional period.
Step-by-Step Process for Spousal Work Permits in Canada
Applying for a Spousal Open Work Permit involves coordinating your spouse’s application with the principal applicant’s startup work permit. Since IRCC manages all work permits federally, the rules apply uniformly across the country.
Step 1: Verify the Principal Applicant’s Eligibility
Before a spouse can apply, the principal applicant (the startup founder) must hold a valid Canadian work permit or be applying to extend an existing one. 🔍 Since October 3, 2024, the principal founder’s work permit under the SUV program is an open work permit (valid for up to three years) rather than a closed, employer-specific one. Spouses of founders are eligible for a Spousal Open Work Permit (SOWP) under the C49 LMIA exemption (Family Members of Economic Class PR Applicants) as long as the founder has applied for permanent residence and holds a valid SUV work permit. Under the C49 administrative guidelines, there are no TEER level restrictions (TEER 0 to 5) on the principal applicant’s employment, meaning high-skilled categorization is not a requirement for SOWP eligibility under this economic class stream.
Step 2: Gather Proof of a Genuine Relationship
IRCC requires concrete proof that your relationship is genuine and legally recognized. If you are married, you must provide a valid marriage certificate. If you are common-law partners, you must prove you have lived together continuously for at least 12 months. This is done by submitting a Statutory Declaration of Common-Law Union, backed by joint bank account statements, shared residential leases, and utility bills showing both names.
Step 3: Prepare the Application Package
Your spouse must complete the Application for a Work Permit Made Outside of Canada (IMM 1295) if applying from abroad, or the equivalent inland form if already in Canada as a visitor. 📝 The application should clearly reference the principal applicant’s A-number (from the Employer Portal) and their Unique Client Identifier (UCI). Including a strong submission letter drafted by a lawyer helps explain the family’s overall plan to settle in a Canadian city.
Step 4: Submit Applications Concurrently or Sequentially
Families have a strategic choice to make. You can submit the principal founder’s work permit extension, the spouse’s open work permit, and any children’s study permits together in one “family grouping” online. This is usually recommended as IRCC will process them as a single unit. Alternatively, if the founder is already in Canada working on their startup, the spouse can apply for the SOWP independently, linking their application to the founder’s existing or extended permit.
Step 5: Complete Biometrics and Await the Decision
Once the application and fees are submitted online, the spouse will receive a Biometrics Instruction Letter. 🤖 They must attend a local Visa Application Centre (VAC) or Service Canada location to provide fingerprints. If the spouse intends to work in a protected field-such as healthcare or education-they must also undergo an upfront Immigration Medical Exam (IME) by an approved panel physician.
How Much Does it Cost in Canada?
Applying for a Spousal Open Work Permit involves several specific federal fees. Ensuring these are paid correctly prevents applications from being returned unprocessed.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Work Permit Processing Fee | $155 | The base fee IRCC charges to process the spouse’s work permit application. |
| Open Work Permit Holder Fee | $100 | An additional mandatory federal fee specifically for open work permits, bringing the total to $255. |
| Biometrics Fee | $85 | The cost for taking fingerprints and a digital photograph (per person). |
| Lawyer Fees (Family Application) | $1,500 – $3,500+ | Legal fees to prepare and link the spouse’s application with the principal founder’s file. |
How Long Does the Process Take?
Processing times fluctuate based on the volume of applications IRCC is handling. If applying from outside Canada as a family unit, the spouse’s open work permit will be processed alongside the founder’s permit, typically taking 2 to 5 months. If applying online from within Canada (as a visitor), processing normally ranges from 3 to 5 months.
Frequently Asked Questions (FAQ)
Does my spouse need a job offer to get this work permit?
No. An open work permit does not require a job offer or a Labour Market Impact Assessment (LMIA). Your spouse can arrive in Canada and search for employment after landing.
How long is the Spousal Open Work Permit valid?
The validity of the spouse’s open work permit will generally match the validity of the principal founder’s open work permit (which is valid for up to three years, with the possibility of extension while their permanent residence application is being processed).
Can my spouse work in any profession in Canada?
Almost any profession. However, there are restrictions. They cannot work for employers on the IRCC non-compliant list, and they cannot work in jobs involving child care, primary education, or healthcare unless they pass an official Immigration Medical Exam.
What happens to the SOWP when we get our Permanent Residence?
Once your family’s Start-up Visa permanent residence application is approved and you officially “land” as PRs, your temporary work permits become obsolete. Your spouse will be a permanent resident and can continue working freely anywhere in Canada.
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