SOWP Eligibility Evaluator
LMIA Exemption Codes & Regulations
| Exemption Code | Target Group | Core Regulatory Criteria |
|---|---|---|
| Code C41 | Spouses of Skilled Workers | Sponsor must hold valid work permit with 6+ months remaining in NOC TEER 0 or 1. |
| Code C42 | Spouses of Full-Time Students | Sponsor must hold valid study permit enrolled in Master's, Doctoral, or Professional degree. |
| IRPR § 205(c)(ii) | Public Interest Exemption | Authorizes open work permits without requiring a job offer or LMIA. |
Elaborate Frequently Asked Questions (FAQ)
Are spouses of undergraduate students in Canada eligible for a Spousal Open Work Permit in 2026?
No. Under updated IRCC policy, Spousal Open Work Permits (SOWP) under Exemption Code C42 are restricted exclusively to spouses of international students enrolled in Master's degree programs, PhD / Doctoral programs, or select professional degree programs (such as Medicine, Law, Pharmacy, and Engineering). Spouses of undergraduate bachelor's degree or college diploma students are no longer eligible for open work permits.
What LMIA exemption codes apply to Spousal Open Work Permits in Canada?
Spousal Open Work Permits are processed under two main LMIA exemption codes pursuant to Section 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR): Code C41 applies to spouses of high-skilled temporary foreign workers employed in NOC TEER 0 or 1 positions. Code C42 applies to spouses of eligible Master's, PhD, or professional degree international students.
Does a spouse need a job offer or LMIA to apply for a Spousal Open Work Permit?
No. A Spousal Open Work Permit (SOWP) allows the foreign spouse to accept employment with virtually any employer across Canada without needing an official job offer or an ESDC Labour Market Impact Assessment (LMIA). The permit holder is free to work full-time, part-time, or operate as a self-employed contractor.
How long must the principal worker's work permit be valid to sponsor a spouse?
The principal temporary foreign worker must hold a valid Canadian work permit with at least 6 months of validity remaining at the time of the spouse's SOWP application submission, and must submit official proof of employment (such as recent paystubs and an employer letter) in a qualifying NOC TEER 0 or 1 occupation.
Canada Work Resources
Explore Bridging Open Work Permit (BOWP) rules, LMIA job bank search strategies, and PGWP 3-year extension policies.
View LMIA Job Search Guide →View Express Entry CRS Tool →