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Yes, your spouse can work in Canada while your application is processing, but they need a work permit first. If you are sponsoring your spouse from inside Canada, they can apply for an open work permit after you get your AOR letter. In other cases, eligibility depends on your work permit or your studies.
Last verified: October 21, 2026. Based on IRCC pages updated between April and September 2026.
Many couples ask the same question when they apply for permanent residence: Can my spouse work while we wait?
The answer is yes, but only with a work permit. Your spouse cannot start working just because your application is in process. This guide explains which permit fits your situation and how to get it.
Yes, but only with a valid work permit. Your spouse cannot start working just because you applied. Immigration, Refugees and Citizenship Canada (IRCC), Canada’s immigration department, links each permit to your type of application. Use the table below to find your situation and see whether your spouse qualifies.
| Your situation | Can your spouse get a work permit? | Main rule |
| You are sponsoring your spouse from inside Canada | Yes | You need an AOR, and you must live together |
| You applied for PR through Express Entry or a provincial program | Often yes | Your work permit needs 6+ months left |
| You are a foreign worker, not applying for PR | Sometimes | You need a TEER 0 or 1 job, or a listed TEER 2 or 3 job, with 16+ months left |
| You are an international student | Sometimes | You need a master’s program (16+ months), a doctoral program, or a select professional program |
An open work permit lets your spouse work for almost any employer, rather than tying them to one job. TEER is the skill level Canada gives each job, ranging from 0 (management) to 5.
Yes, if your spouse lives in Canada with you. IRCC allows sponsored spouses and common-law partners to apply for an open work permit, which lets them work for almost any employer without needing a job offer. Their dependent children can also apply.
A common-law partner is someone you have lived with for at least 12 months in a marriage-like relationship. IRCC also covers conjugal partners.
According to IRCC, your spouse must meet all of these rules:
Valid status means your spouse holds a visitor record, work permit, or study permit. They may also qualify if they have maintained status, which is explained below.
Your spouse can apply once you get the AOR. This letter from IRCC confirms that your application is complete and that IRCC has started processing it. Your application number is on the letter and starts with the letter F.
There is one exception: your spouse can apply without the AOR if their permit or status ends in 2 weeks or less. However, they must have already applied for PR under the spouse or common-law partner class, or the family class.
No. Your spouse must wait for approval before starting work, as IRCC clearly states.
There is one exception. Your spouse may already hold a work permit that is about to expire. If they applied for a new permit in time, they can keep working under the old rules while IRCC decides on their application.
Your spouse applies online. Here are the steps to follow:
IMM 5409 is the Statutory Declaration of Common-Law Union, which is required only for common-law couples.
The total is $255, based on IRCC’s listed fees of $155 for the work permit and $100 for the open work permit holder fee. Your spouse may also need to pay a biometrics fee. Check IRCC’s fee page before paying, because fees can change.
Your spouse can extend the permit for 2 more years, provided two conditions are met: you have your AOR, and IRCC has not yet made a decision on your PR application.
IRCC cannot issue a permit beyond the expiry date of your spouse’s passport, so check that date early.
Your spouse should act before their status ends. Applying in time may give them maintained status, which means they can stay in Canada while IRCC decides on their application. However, maintained status does not let a visitor work. Their work rights depend on the permit they hold.
Here is what to do in each case:
If your spouse is out of status, they need an approval in principle letter first. IRCC sends this letter when it finds the PR application eligible.
Often, yes. Your spouse may qualify for an open work permit if you hold a valid work permit linked to an economic PR application. IRCC lists programs such as the Canadian Experience Class, Federal Skilled Worker, Federal Skilled Trades, and Provincial Nominee Program (PNP).
To qualify, you must meet these rules:
Your spouse must also be in a genuine relationship with you and have valid, maintained, or restorable status in Canada.
Two cautions apply. If you hold a spousal open work permit yourself, your spouse cannot use this route. Spouses of Rural Community Immigration Pilot and Francophone Community Immigration Pilot applicants follow their own open work permit rules.
Quebec has its own rules, too, so check IRCC’s Quebec pages if you plan to live there.
Sometimes. The rules changed on January 21, 2025, and now only spouses of certain workers and students can get an open work permit. Dependent children of foreign workers no longer qualify.
If you are a worker:
If you are a student:
Some spouses are not affected by these limits, including spouses of workers covered by certain free trade agreements and spouses of workers on eligible PR pathways.
If your spouse does not qualify for an open work permit under these rules, they may still apply for another type of work permit. IRCC says family members can apply for any permit they are eligible for.
Small errors can cause delays or refusals, so avoid these mistakes:
Your PR application also matters. If IRCC refuses, withdraws, or returns it, your spouse no longer qualifies under the sponsorship policy.
Your spouse can work in Canada while you wait, but only with a work permit. If you are sponsoring your spouse from inside Canada, they can apply after you get the AOR. If you applied through an economic program, your work permit needs at least 6 months left. Always check IRCC’s pages before applying because the rules can change. For complicated cases, talk to a licensed immigration lawyer or a regulated Canadian immigration consultant (RCIC).
One wrong date or one wrong box can slow down your whole file, so getting the details right matters.
At White Swan Immigration Consultants, our services are led by a licensed Regulated Canadian Immigration Consultant (RCIC). We help couples with spousal sponsorship, Express Entry, Provincial Nominee Programs, and work permits. We look at your situation first, then explain which permit may fit and what to do next.
We explain our fees clearly before we start, so you know the cost up front.
Here is how we can help:
Ready to talk?
Can my spouse work in Canada on a visitor visa?
No. A visitor cannot work in Canada, so your spouse needs a work permit first. If you sponsor them from inside Canada, they can apply for an open work permit after you get your AOR.
Do common-law partners qualify for the open work permit?
Yes. IRCC includes spouses, common-law partners, and conjugal partners who live in Canada. Common-law couples must also submit the Statutory Declaration of Common-Law Union (IMM 5409).
Does my spouse need a job offer?
No. The sponsorship open work permit does not require a job offer or an LMIA. Once IRCC approves the permit, your spouse can work for almost any employer.
Can my spouse apply at the same time as my sponsorship application?
Usually, no. Your spouse must wait for the AOR, unless their status ends in 2 weeks or less. In that case, they must have already applied for PR under an eligible class.
What happens if IRCC refuses my PR application?
Your spouse no longer qualifies under the sponsorship policy. IRCC says applicants cannot apply if the PR application was refused, withdrawn, or returned. Ask IRCC or a licensed professional about other options.
Can our children get work permits too?
Yes, under the sponsorship policy, accompanying dependent children can apply. They must live with you and your spouse and meet the minimum working age in your province.
