Scope of this guide: This guide covers students who hold a valid study permit and live in Canada, with a spouse or partner who applies from inside Canada. The checker below also gives a quick result for spouses applying from outside Canada.
SOWP Eligibility Checker
Answer a few quick questions to see if a student’s spouse or partner can apply, from inside or outside Canada, or check whether a course qualifies.
1. What Is the SOWP for Spouses of Students?
The spousal open work permit for spouses of students comes under paragraph R205(c)(ii) of the Immigration and Refugee Protection Regulations, with administrative code C42, “Spouse or common-law partner of a full-time student”. IRCC’s officer instructions say it supports Canada’s academic and economic competitiveness.
Because the permit is open, your spouse does not need a job offer or a Labour Market Impact Assessment (LMIA). They can work for any employer in Canada, except an employer on IRCC’s list of non-compliant employers, or one that regularly offers striptease, erotic dance, escort services or erotic massages (IRCC).
Spouses only: Dependent children cannot get an open work permit under C42 (officer instructions). Since January 21, 2025, family open work permits are limited to spouses (IRCC notice).
| Item | Details |
|---|---|
| Program | International Mobility Program (LMIA-exempt) |
| Code | C42, under R205(c)(ii) |
| Who applies | The spouse or common-law partner of a full-time international student |
| Length | Up to the end of the student’s study permit, and no later than the spouse’s passport or biometrics expiry |
| IRCC fees | $155 work permit fee + $100 open work permit holder fee = $255. Biometrics are $85 if required. |
2. Who Can Qualify?
For applications received on or after January 21, 2025, the student (IRCC calls them the “principal foreign national”) must meet all of these conditions (officer instructions, IRCC client page). Tick each one that applies.
Who is not eligible
- Spouses of students in college diploma or certificate programs
- Spouses of students in undergraduate programs that are not on the professional degree list
- Spouses of students in master’s programs shorter than 16 months
- Spouses of students in their final term
- Dependent children of students
IRCC uses the standard federal meaning of common-law: a couple who has lived together in a conjugal relationship continuously for at least one year, not periods that add up to a year (IRCC officer instructions on common-law relationships).
Legal advisory: The student must comply with their study permit conditions, including those under section R220.1, such as staying enrolled and making progress. Officers may ask for more proof if they have concerns (officer instructions).
3. Eligible Programs
Your spouse can qualify if you are studying in one of these programs (IRCC client page).
Graduate programs
- Master’s degree programs of 16 months or longer
- Doctoral degree programs (PhD and other doctorates)
16-month rule: The proof of a master’s program must clearly show that it lasts 16 months or longer. A range is allowed, but the shortest length in the range must be at least 16 months (officer instructions).
Professional degree programs at a university
| Professional degree | Credentials |
|---|---|
| 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 |
| Bachelor of Nursing Science | BNSc |
| Bachelor of Nursing | BN |
| Bachelor of Education | BEd |
| Bachelor of Engineering | BEng, BE, BASc |
Eligible provincial and pilot programs
| Province or territory | Program | Eligible from |
|---|---|---|
| Outside Quebec | Francophone Minority Communities Student Pilot (FMCSP) | August 26, 2024 |
| Quebec | Le projet de reconnaissance des compétences d’infirmières et d’infirmiers recrutés à l’international | April 30, 2024 |
| Quebec | Projet de reconnaissance des compétences d’inhalothérapeutes formés à l’étranger; Projet de recrutement et reconnaissance des compétences de technologistes médicaux formés à l’étranger | January 21, 2025 |
| Ontario | Supervised Practice Experience Partnership | January 21, 2025 |
| Manitoba | Nurse Re-Entry (Red River College Polytechnic) | January 21, 2025 |
| British Columbia | Internationally Educated Midwives Bridging Program (UBC); Canadian Pharmacy Practice Program, CP3 (UBC); Post-Degree Diploma: Nursing Practice in Canada (Langara College) | January 21, 2025 |
FMCSP spouses: Spouses of FMCSP participants do not have to show that they will leave Canada at the end of their stay (R179, R200 and R216). Different financial thresholds apply depending on where the DLI’s main campus is. IRCC added these clarifications in its August 2026 update.
4. Do NOC Codes or TEER Levels Apply?
No. For spouses of students, eligibility depends on the student’s program of study, not on any occupation. Neither the student nor the spouse needs a job in a particular NOC code or TEER category.
- IRCC officers enter NOC 99999 on a C42 permit, and are told not to use any other synthetic NOC code (officer instructions)
- Employer and occupation are both recorded as “Open”
- Officers use special program codes to record the student’s pathway: SPGradC42 (master’s or doctorate), SPPilC42 (eligible program) and SPProC42 (professional degree)
The TEER rules (TEER 0 or 1, and select TEER 2 or 3 occupations) apply only to spouses of workers under codes C41 and C47. Those permits are not covered in this guide (IRCC notice).
No switching roles: The partner who got a permit first remains the principal. If the student’s spouse gets a C42 permit, the student cannot later quit their studies and get a spousal open work permit (C41) based on the spouse’s job (officer instructions).
5. Applying From Inside Canada
Family members of study permit holders may apply for a work permit from inside Canada under section R199 (IRCC officer instructions, IRCC). Your spouse must also have valid temporary resident status, or still be able to restore it (officer instructions).
Common situations
| Spouse’s current status | What to do |
|---|---|
| Visitor in Canada | Apply online for an initial open work permit before visitor status ends. Your spouse can stay while IRCC decides (maintained status), but cannot work until the permit is approved (IRCC Help Centre). |
| Holds another work permit (for example, a PGWP ending) | Apply for the C42 permit before the current permit expires. Your spouse can keep working under the same conditions while IRCC decides (IRCC Help Centre). |
| Holds a C42 permit that is ending | Apply for an extension before it expires. See the next section. |
| Status expired less than 90 days ago | Apply for the work permit and restoration of status together and pay the restoration fee. Your spouse cannot work until IRCC approves the application (IRCC). |
| Status expired more than 90 days ago | Restoration is no longer possible from inside Canada. Get advice before taking any further step. |
How to apply online
- Check the student’s eligibility, the relationship proof and the spouse’s funds
- Read guide 5553 for applicants applying inside Canada
- Create or sign in to the IRCC account and answer the eligibility questions exactly as IRCC instructs (see below)
- Upload the documents in section 7 and pay the fees
- Give biometrics if IRCC asks for them, then track the application online
Because of a technical issue, IRCC asks spouses applying from inside Canada to answer the online questions exactly this way (IRCC client page):
| Question in the online tool | Answer |
|---|---|
| Applying under an active public policy or pilot program announced by IRCC? | No |
| Spouse, common-law partner or dependent child of a person who holds a valid work permit or is applying for one? | Yes |
| Spouse or common-law partner of a person who holds a study permit? | Yes |
Do not flagpole: Since December 23, 2024 at 11:59 pm ET, work permits are generally no longer issued to people who leave Canada and come straight back to the border to get one. Apply online instead (CBSA, IRCC Help Centre). If your spouse leaves Canada while on maintained status, they lose the right to keep working when they return.
6. Extending a Spousal Open Work Permit
For extensions on or after January 21, 2025, the student must still meet the same conditions as for a first application. They must also stay in the same program that supported the current C42 permit (officer instructions). The extension cannot go past the student’s study permit expiry (IRCC client page).
Limited circumstances for older permits
Your spouse may have a C42 permit based on your college, undergraduate, or master’s program under 16 months, approved under the old rules. They may still extend it in limited circumstances, but only up to the end of your existing study authorization (officer instructions):
- Passport or biometrics expiry: the first permit was shortened because the passport or biometrics expired. Send the updated passport or biometrics.
- More time for the same program: the student needs a study permit extension to finish the current program, for example a thesis. IRCC assesses the spouse’s extension only after it approves the student’s extension.
New program, no extension: If the student applies for a study permit for a new level or a new program, the spouse no longer falls under the limited circumstances. They cannot extend under C42 based on the old program (officer instructions).
Permits approved before the change: Open work permits approved under earlier rules stay valid until they expire (IRCC notice).
7. Documents Checklist
Your spouse uploads their own documents and documents about the student (IRCC client page, officer instructions). Tick each item as you collect it.
Common-law couples can prove they live together with joint leases or property, shared utility bills, or ID showing the same address (IRCC Help Centre).
Upload tip: The enrolment letter should give the program name, credential, start and expected end dates, and full-time status. For a master’s program, it should also state the program length.
8. Permit Length, Conditions and Fees
An initial permit can last up to the end of the student’s study permit. It cannot go past the expiry of the spouse’s passport or biometrics, whichever comes first (officer instructions). In most cases, it matches the study permit (IRCC client page).
Student on maintained status: If the student is waiting on a study permit extension and studying under maintained status (R189), IRCC puts the spouse’s application on hold until it decides the student’s extension (officer instructions).
Medical exams
A medical exam is needed to work in some fields, such as health services or jobs working with children. For agricultural jobs, it depends on where the spouse has lived. Without a medical exam, the permit may say the spouse cannot work in these fields (guide 5553). A temporary IRCC public policy exempts some applicants in Canada from a new exam until October 5, 2029.
| Fee (CAD) | Amount |
|---|---|
| Work permit processing fee | $155 |
| Open work permit holder fee | $100 |
| Biometrics (if required) | $85 |
| Restoration of status (if needed) | See the IRCC fee list |
9. Common Refusal Reasons
| Refusal reason | What it looks like | How to prepare |
|---|---|---|
| Not enough funds | No proof that the spouse can support themselves, separate from the student’s funds. IRCC’s sample refusal uses R200(1)(b) | Show the spouse’s own savings or income |
| Ineligible program | College, undergraduate or a master’s under 16 months, applied on or after January 21, 2025 | Check the program before you apply |
| Master’s length not shown | The letter does not state the program lasts 16 months or longer | Ask the DLI for a letter stating the length |
| Student in last term | The student is finishing the program | Apply early in the program |
| Relationship not genuine | Little proof of the marriage or of 12 months of living together (R4) | Send strong relationship and cohabitation proof |
| Student non-compliance | Part-time studies, unauthorized leave or a school change without a new permit (R220.1) | Fix study permit issues first |
| No status to apply in Canada | Status expired more than 90 days ago, or the spouse is not eligible under R199 | Apply well before status expires |
10. How the Rules Changed
IRCC assesses applications under the rules in force on the date it receives them (officer instructions).
| Application received | Students whose spouses could qualify |
|---|---|
| Before March 19, 2024 | Most full-time students at eligible public colleges, universities and degree-granting private institutions |
| March 19 to April 29, 2024 | Students in graduate (master’s or doctoral) or professional degree programs |
| April 30, 2024 to January 20, 2025 | Graduate and professional programs, plus eligible provincial programs and the FMCSP |
| On or after January 21, 2025 | Master’s of 16 months or longer, doctoral, 11 listed professional degrees and eligible programs |
11. How Neximm Can Help
Spousal open work permits now depend on the exact program, its length and the timing of the application. One missing letter or a weak proof of funds can leave your spouse unable to work.
Neximm Immigration is an RCIC-led consultancy based in Dehradun, India. A licensed Regulated Canadian Immigration Consultant advises on and represents your file. We check the program, status dates and every document before you apply.
- Eligibility check: the student’s program, length, DLI and term
- Status planning: visitor, worker or restoration options for the spouse inside Canada
- Relationship evidence: marriage and common-law proof that meets IRCC standards
- Funds review: separate proof of funds for the spouse
- Extensions: limited-circumstance extensions and timing with study permit renewals
- Application preparation: forms, uploads, fees and follow-up with IRCC
Official IRCC sources
- IRCC – Help your spouse or common-law partner work in Canada
- IRCC program delivery instructions – Spouses of full-time students [R205(c)(ii) – C42]
- IRCC – 2026 update to C42 instructions
- IRCC notice – Changes to open work permits for family members (January 14, 2025)
- IRCC – Persons who may apply from within Canada (R199)
- IRCC – Work permit: apply from inside Canada
- IRCC – Guide 5553
- IRCC Help Centre – Maintained status for work permit applicants
- IRCC Help Centre – Applying at a port of entry
- IRCC Help Centre – Proof of common-law relationship
- IRCC – If your work permit expired (restoration)
- CBSA – Ending flagpoling for work and study permits
- IRCC fee list
This guide offers general information and is not legal advice. It is based on IRCC web pages and program delivery instructions reviewed in October 2026. IRCC rules can change at any time. Contact Neximm Immigration for advice on your own situation.