Published: August 11, 2026
On August 11, 2026, IRCC updated its guidance on open work permits for family members of foreign workers, adding further instructions on cases involving free trade agreements (FTAs) and self-employment.
For most applicants, the more notable development is that IRCC has added a more complete explanation for self-employed workers. Strictly speaking, this is not an entirely new policy. Rather, it refines the existing rules, including the requirements relating to the genuineness of the self-employment, occupational classification and supporting evidence.
In other words, a self-employed worker may, in principle, support a spouse’s application for an open work permit if the applicable work-permit, occupational and documentary requirements are met.
This update also provides a useful opportunity to examine a common question: where the principal work-permit holder, who is also the family’s principal immigration applicant (the Principal Foreign National, or “PFN”), holds a post-graduation work permit (PGWP), which pathway should the spouse use?
PGWP + TEER 0 or 1, or a select TEER 2 or 3 occupation
For most PGWP holders, a spouse’s open work permit application is generally assessed under the more restrictive C41 rules that took effect on January 21, 2025.
As a general rule, the PFN must:
- be working in a TEER 0 or 1 occupation, or in one of the select TEER 2 or 3 occupations identified by IRCC;
- generally have at least 16 months remaining on the PGWP when the spouse’s application is submitted; and
- provide evidence of genuine, ongoing employment and the applicable occupational classification.
Where these requirements are met, a regular C41 application is the most direct and commonly used pathway for the spouse.
If the PFN’s employment does not fall within the required occupational categories, or the PFN does not currently have qualifying employment, the spouse’s eligibility must instead be considered in light of the PFN’s progress toward permanent residence and any subsequent work-permit category.
PR submitted and a BOWP issued or approved: C49 may be available
If the PFN has submitted a qualifying economic-class permanent residence application and has subsequently obtained, or been approved in principle for, a bridging open work permit (BOWP), the spouse may generally be considered for an open work permit under C49.
Unlike the regular C41 pathway, C49 does not centre on the TEER category of the PFN’s current position. Instead, the relevant questions include whether the PFN has:
- submitted an economic-class permanent residence application as the principal applicant and that application remains in process;
- obtained or been approved for a qualifying work permit;
- met the applicable requirements concerning the validity of the work authorization and residence in Canada; and
- included the spouse as an accompanying family member in the permanent residence application.
Accordingly, even if the PFN does not currently hold a position that meets the more restrictive C41 occupational requirements, the spouse may still qualify under C49. The application must nevertheless explain the PFN’s intention to live and work in Canada and demonstrate that the family has adequate financial support.
For example, A receives a PGWP in January 2026 that is valid until January 2029. A later submits an Express Entry permanent residence application but does not currently hold employment that meets the restrictive C41 requirements. A’s spouse would therefore have difficulty relying directly on the PGWP to obtain an open work permit.
If A meets the BOWP requirements, A may apply for a BOWP and submit the spouse’s C49 open work permit application as part of the family group. IRCC will generally assess A’s BOWP first and then determine whether the spouse meets the C49 requirements.
Applicants often ask whether a BOWP may be requested while an existing PGWP still has substantial validity remaining. IRCC’s published policy does not state that a BOWP is available only when the current work permit is about to expire. Provided the applicant meets the BOWP requirements for the applicable permanent residence class, the fact that the existing PGWP remains valid for a longer period does not, by itself, prohibit a BOWP application.
T13 after provincial nomination: occupational coverage may extend from TEER 0 to 5
A different situation arises where the PGWP holder has not yet submitted a permanent residence application but has received a provincial nomination and, after meeting the applicable requirements, has obtained or been approved for a T13 employer-specific work permit.
A T13 work permit is not an automatic extension of a PGWP. The applicant will generally need:
- a valid provincial nomination;
- an offer of employment from an employer in the nominating province;
- a work-permit support letter from the province; and
- a qualifying LMIA-exempt offer of employment and the other required documents.
In this situation, the spouse’s open work permit is generally assessed under C41 or C47. However, the applicable criteria are the retained rules for family members of foreign workers who are transitioning to permanent residence, rather than the more restrictive post-2025 C41 rules for ordinary temporary foreign workers.
The occupational coverage may therefore extend from TEER 0 to 5:
- where the PFN is or will be employed in a TEER 0, 1, 2 or 3 occupation, the spouse is generally assessed under C41; and
- where the PFN is or will be employed in a TEER 4 or 5 occupation, the spouse is generally assessed under C47.
The PFN’s T13 work permit must have been issued or approved in principle and will generally need to remain valid for at least six months after the spouse’s application is received. The PFN must also be working, or expected to work, in the relevant occupation and intend to work and reside in the nominating province.
Provincial nominee who cannot yet obtain a BOWP
Provincial nominees should also be aware of another situation. If, for particular reasons, the PFN is temporarily unable to apply for a BOWP after receiving the nomination—including where an earlier BOWP application was refused—the PFN may consider a T13 employer-specific work permit, provided the requirements concerning the nomination, employer’s offer and provincial support letter are met. A T13 application may be made from inside or outside Canada, but the applicant must meet the filing requirements that apply to the particular location.
In this context, if the PFN’s permanent residence application has already been submitted and remains in process, the spouse may be eligible for an open work permit under C49. If the permanent residence application has not yet been submitted, the spouse may still be eligible under C41 or C47, depending on the PFN’s occupational category. Every application must meet the complete requirements of the applicable category.
Conclusion
The appropriate open work permit pathway for the spouse of a PGWP holder depends on the PFN’s employment, the permanent residence pathway available to the PFN and the status of any related work permit application. Many unsuccessful spousal open work permit applications do not fail because the family necessarily lacks eligibility, but because the application relies on the wrong category—for example, attempting to use C49, or the more flexible C41 criteria, while relying only on a PGWP. Applicants should first identify the precise immigration and work-permit stage they have reached and then select the corresponding spousal open work permit pathway.