Spouses or common-law partners of foreign nationals authorized to work in high-skilled occupations TEER 0 or 1, or select occupations TEER 2 or 3 – [R205(c)(ii) – C41] – Canadian interest – International Mobility Program (IMP)
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Important: The following instructions apply to spousal open work permit applications received by IRCC on or after January 21, 2025, 05:00:00 A.M. Coordinated Universal Time (UTC), if the principal foreign national is:
- authorized to work in TEER 0 or 1 occupations or in select TEER 2 or 3 occupations, and
- not transitioning to permanent residence.
- For instructions on processing work permit applications for family members (spouses or dependent children) of high-skilled workers where the application was received prior to January 21, 2025; or of workers who are transitioning to or applied for permanent residence, regardless of when the open work permit application was received, consult:
In these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). Spouses refer to spouses and common-law partners.
The instructions on this page should be reviewed in conjunction with:
The Minister has designated the work performed by genuine spouses or common-law partners of principal foreign nationals who are or will be employed in certain high-skilled occupations as necessary for public policy reasons related to the competitiveness of Canada’s academic institutions, or economy, under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR).
As of January 21, 2025, the designation of work performed under R205(c)(ii) is applicable to most spousal open work permit applications received on or after that date. High-skilled occupations are considered to be all those in the National Occupational Classification (NOC), Training, Education, Experience and Responsibilities (TEER) category 0 or 1, and select occupations in TEER 2 or 3. These include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors.
In addition, the synthetic code used by the Department for entrepreneurs (code 88888) is considered to be TEER 0 or 1.
Note: Instructions regarding family members of foreign nationals who have submitted a permanent residence (PR) application or who are transitioning to PR but have not submitted their application for PR as yet (e.g., Atlantic Immigration Program, CSQ holders, Provincial Nominees under T13) are not subject to these changes. For instructions on eligibility requirements and processing applications, refer to:
- Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – [R205(c)(ii) – C41 and C46] (if the principal foreign national holds or is approved for a PR transitional work permit but their application for PR has not been submitted as yet)
- Family members of work permit holders who are Economic Class permanent resident applicants – [R205(c)(ii) – C49] (if the principal foreign national has submitted the application for PR)
On this page
- Eligibility
- Documentary evidence
- Principal foreign national is open work permit holder or work permit exempt
- Applications received as a family group
- Application assessment
- Final decision
- Annex A – List of select TEER 2 or 3 occupations
Eligibility
For the spouse or common-law partner to be eligible under subparagraph R205(c)(ii), administrative codes C41, the principal foreign national must, at the time of decision on the spousal work permit application, meet all of the following requirements. The principal foreign national must:
- be authorized to work in Canada by reason of either
- a valid work permit or provisional approval (that the letter of introduction has been issued) for a work permit (employer-specific or open), except if the work permit was assessed under
- subsection R204(a) – a spousal open work permit issued under a Free Trade Agreement
- subsection R205(a) – an open work permit issued for spouses or common-law partners under the Rural and Northern Immigration Pilot participants (RNIP) (administrative code C17)
- subparagraph R205(c)(i.1 or i.2–) – a coop program for students (administrative code C32 or C33);
- subparagraph R205(c)(ii) – family member of a worker in any TEER (administrative codes C41, C46, C47, C48, C49) or a spouse or common-law partner of an international student (administrative code C42)
- subsection R205(a) – an open work permit issued for spouses or common-law partners and dependent children under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (administrative code C91)
- section R206– refugee claimant or unenforceable removal order - (administrative codes S61 or S62)
Or
- an authorization to work without a permit under the authority of section R186, except under paragraphs R186(f, v, or w).
- a valid work permit or provisional approval (that the letter of introduction has been issued) for a work permit (employer-specific or open), except if the work permit was assessed under
And
- be authorized (that the work permit issued or authorized to work without a work permit under R186) or be provisionally approved for a work permit (that the letter of introduction was issued) to work in Canada for a period of 16 months or longer after the receipt date of the family member’s open work permit application
- be employed or will be employed in a
- (1) TEER occupation category 0 (management) or TEER 1 (professional) occupation, or
- (2) TEER occupation category 2 or 3 in the National Occupational Classification (NOC) codes stated in Annex A; and
- be physically residing or plan to physically reside in Canada while employed
- be in a genuine relationship with the applicant as a spouse or common-law partner
Applicants who are in Canada at the time of submission must
- have a valid temporary resident status (including being on maintained status under R183(5)) or be eligible for restoration of status as a temporary resident
- be eligible to apply for a work permit from within Canada [R199].
Documentary evidence
With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:
- evidence of a genuine relationship if the applicant is the spouse or common-law partner;
- For example, (but not limited to) marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409]
- evidence that the principal foreign national is, or will be employed in, a TEER category 0 or 1, or select 2 or 3 occupation:
- For example, job contract, letter from employer indicating NOC TEER category and duties, business plan (if the principal foreign national is a business owner).
- evidence that their principal foreign national is authorized to work or is provisionally approved to work in Canada and the authorization is not within the exceptions stated in Eligibility
- For example, copy of work permit or copy of visitor record indicating work under section R186, or passport stamps showing period of authorized stay, evidence that their principal foreign national has been provisionally approved for a work permit (that the letter of introduction is issued).
- evidence that their principal foreign national’s authority or provisional approval to work in Canada is valid for 16 months or longer after the receipt date of the spousal’s work permit application
- For example, copy of a work permit or passport stamps showing period of authorized work (for work-permit exempt foreign nationals) or copy of the letter of introduction.
Note: The principal foreign national may be on authorized leave from their employer and still be considered “employed”. For example, if the principal foreign national is on maternity leave and is expected to return to work for the same employer, they may be considered employed.
Principal foreign national is open work permit holder or work permit exempt
If the principal foreign national is an open work permit holder or is authorized to work without a permit under section R186 and the authorization is not within the exceptions stated in Eligibility, the occupation skill level cannot be determined solely by means of the work permit or visitor record. Occupation skill level of the principal applicant is required to ensure that the correct administrative code and eligibility criteria are assessed.
Therefore, the applicant must also provide the following:
- a letter from the principal foreign national’s current Canadian employer confirming employment and their occupation as well as the NOC, with a description of duties or a copy of their employment offer or contract
- evidence that the principal foreign national is employed in a TEER category 0,1, or select 2 or 3 occupation at the time of the spousal’s work permit application submission until a decision on the application is rendered.
Applications received as a family group
If the spouse and the principal foreign national are applying together as a family group, the principal foreign national’s application must be assessed first. The principal family member’s application in the group may be considered as documentary evidence of the authority or provisional approval to work in Canada, the occupational level and the requirement of 16-month duration.
Family group outside Canada
There are several different situations where applicants for an open work permit may be applying with their principal foreign national.
Principal foreign national is a work permit applicant
The principal foreign national’s application is assessed first before the spousal application.
If the principal foreign national is eligible and admissible, then the spousal work permit application is assessed for eligibility and admissibility. When they all receive a positive assessment, then the officer will enter a final decision in the Global Case Management System (GCMS).
If the principal foreign national’s work permit application is refused, the spousal work permit applications will be refused for not meeting the requirements of this category.
If the family group is approved, the principal foreign national must enter Canada before or together with their spouse. The spouse cannot arrive in Canada prior to the entry of the principal foreign national.
Principal foreign national is work-permit exempt, temporary resident visa (TRV) applicant and spouse is TRV-required
If the spouse and the principal foreign national are TRV-required, the spouse is not eligible to apply for an open work permit before entry.
Foreign nationals are not authorized to work without a work permit under section R186 until they have entered Canada. Therefore, spouses of a principal foreign national, who is applying for a TRV to enter Canada to work without a work permit under R186, do not meet the eligibility criteria until the principal foreign national has been authorized to enter Canada and work under section R186.
Principal foreign national is work-permit exempt, TRV-exempt
Since foreign nationals are not authorized to work under section R186 until after their entry to Canada, the principal foreign national must precede the spouse’s entry to Canada. The spouse can then provide proof the principal foreign national is working under section R186 when they apply for an open work permit before entry.
Family group at the port of entry
If the spouse and principal applicants present themselves as a group at the port of entry, they must all meet the requirements under subsection R198(1).
The principal foreign national’s application is assessed first before the spousal open work permit.
The principal family members application in the group may be considered as documentary evidence of the authority to work in Canada, the occupational level and NOC and 16-month duration.
If the applicants are TRV-exempt, and the principal foreign national has preceded them to Canada and was allowed entry with an assessment that they met the requirements of section R186 [other than paragraphs R186(f, v or w)], then the spouse may apply at the port of entry.
Family group in Canada
Principal foreign nationals and spouses may apply as a family group in Canada if they meet the requirements of section R199.
Officers should assess the principal foreign national’s application first. After the decision is finalized on the principal foreign national, the processing officer should assess the spousal open work permit application.
For example, spouses can submit their application for an open work permit, even if the principal foreign national is working without work permit under the authority of paragraph R186(w). However, at the time of decision on that application, all eligibility requirements must be met.
Spouses of post graduate work permit (PGWP) applicants
Spouses of post-graduation work permit (PGWP) applicants cannot be issued an open work permit if the PGWP applicant is working without work permit under paragraph R186(w). The PGWP applicant remains working under paragraph R186(w) until the actual work permit is issued.
At the time of the PGWP application submission, the study permit holder and the spouse can submit their different work permit applications as a family group.
As with the spouses outside Canada, the principal foreign national’s PGWP application would be assessed first, and then the spousal open work permit application would be finalized.
If the spouse applies for an open work permit after the principal foreign national submits their application for a PGWP, the principal foreign national must have been issued their work permit prior to the time of decision on the spousal application.
For example, if the spouse applies separately, and the spouse’s application comes up for decision before the principal applicant’s application, and the officer did not have proof that the principal foreign national’s PGWP application has been approved, then the principal applicant has not yet received approval on their PGWP application or has not been issued a PGWP and they are still working under paragraph R186(w). The spouse in this case is not eligible and the spousal open work permit application would be refused.
Application assessment
Officers must be satisfied that all eligibility requirements are met at the time of decision on the spousal work permit application.
Mandatory association to the principal foreign national: The spouse must be associated with the principal foreign national in GCMS. Association should be completed on the “Client” screen and not just within the application.
If officers have any concerns as to the genuineness of the proof of employment or other documents provided, they may wish to undertake an assessment to ensure this material information is genuine and does not reflect a direct misrepresentation of facts in order to appear eligible for the permit.
Note: The principal foreign national may be employed part-time for the spouse to qualify for this category. Although there is no standard minimum of hours required, officers have to be satisfied the principal foreign national’s wages or available funds will be sufficient to financially support themselves and their family members while they are in Canada.
Principal foreign national
The principal foreign national is the first foreign national in the couple who has applied for and obtained a work permit or was deemed authorized to work under the provisions of section R186.
In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple and cannot obtain a spousal open work permit under paragraph R205(c) off of the spousal open work permit of their spouse.
For example, if the principal foreign national is the holder of a work permit issued based on a LMIA and the dependent spouse obtains an open work permit under LMIA exemption code C41 as the spouse of a high-skilled worker, the principal foreign national cannot quit their job under the LMIA-based work permit and obtain a work permit in the high-skilled spousal category (LMIA exemption code C41) on the basis of their spouse’s C41 open work permit and employment in a TEER category 0, 1, or select 2 or 3 occupation.
Genuine relationship
As per section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership either
- was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (IRPA), or
- is not genuine.
If officers have concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.
Final decision
Approval
Under the “Application” screen, officers should enter the following information in the specified fields.
| Field | Selection or input |
|---|---|
| Case type | 20 |
| Province of destination |
Unknown |
| Exemption code |
C41 - Spouse of high-skilled worker |
| Employer |
Open |
| Intended occupation | Open |
| NOC |
99999 |
| Duration |
The open work permit may be issued for a period that ends no later than the period of authorized stay of the principal foreign national or the date the applicant’s passport expires, whichever comes first. If the principal foreign national is authorized to work without a permit under paragraph R186(u) at the time the spousal work permit application is submitted, the application should be placed on hold until the principal foreign national’s work permit application is assessed. |
| Conditions |
Officers should ensure that instructions provided in Medical conditions to be imposed for open employer but occupation-restricted work permits and Work permit issuance in GCMS: Occupation or location restricted are followed. |
|
User remarks Mandatory |
The following remark must be added to all open work permits Authorized to work as per applicable labour laws. |
| Fees |
$155 work permit processing fee $100 open work permit holder fee |
| Biometrics |
Work permit applicants are required to provide biometric information and pay the biometric fee – $85 The regular biometric exemptions apply (for example, under 14 or 1 in 10 rule). |
Refusals
When officers are not satisfied that the specific eligibility factors for this administrative code are met, they need to clearly document their reasons in the refusal note.
A decision is reasonable when the reviewing court is able to trace the decision maker’s rationale without encountering fatal flaws in the overarching logic and is satisfied that there is a line of analysis within the given reasons that could lead the tribunal from the evidence before it to the decision maker’s conclusion.
The officer needs to engage with the documentary evidence that was provided by the applicant. Simply stating, “I have reviewed the submissions, and I am not satisfied that section R205 is met”, is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.
If an officer has determined that the applicant does not meet the eligibility requirements, the work permit application should be refused. Officers should follow the steps in Decision-making: Standard of review and process for making a reasonable decision when finalizing their refusal notes.
The grounds in the refusal letter should reflect what the officer has stated in their notes.
Work permits shall be issued if all of the requirements stated in section R200 are met. Therefore, refusal grounds should be linked to one of those requirements. Below is an example of the requirements:
- R200(1)(c)(ii) – The applicant has not met the eligibility requirements of the International Mobility Program work permit category. Officers need to explain clearly what eligibility requirements were not met.
- For example: The principal foreign national holds a work permit that is valid for a period of less than 16 months after the receipt date of the spousal open work permit application. The work permit application should be refused under subparagraph R200(1)(c)(ii), since their work is not described in section R205. The applicant has not provided proof showing the principal foreign national is authorized (that the work permit issued) or is provisionally approved (that the letter of introduction was issued) to work in Canada for a period of 16 months or longer after the receipt date of the spousal open work permit application. They do not meet the eligibility requirements that would make their work described in section R205.
Annex A: List of select TEER 2 or 3 occupations
TEER 2
22100 – Chemical technologists and technicians
22101 – Geological and mineral technologists and technicians
22110 – Biological technologists and technicians
22111 – Agricultural and fish products inspectors
22112 – Forestry technologists and technicians
22113 – Conservation and fishery officers
22114 – Landscape and horticulture technicians and specialists
22210 – Architectural technologists and technicians
22211 – Industrial designers
22212 – Drafting technologists and technicians
22213 – Land survey technologists and technicians
22214 – Technical occupations in geomatics and meteorology
22220 – Computer network and web technicians
22221 – User support technicians
22222 – Information systems testing technicians
22230 – Non-destructive testers and inspectors
22231 – Engineering inspectors and regulatory officers
22232 – Occupational health and safety specialists
22233 – Construction inspectors
22300 – Civil engineering technologists and technicians
22301 – Mechanical engineering technologists and technicians
22302 – Industrial engineering and manufacturing technologists and technicians
22303 – Construction estimators
22310 – Electrical and electronics engineering technologists and technicians
22311 – Electronic service technicians (household and business equipment)
22312 – Industrial instrument technicians and mechanics
22313 – Aircraft instrument, electrical and avionics mechanics, technicians and inspectors
32100 – Opticians
32101 – Licensed practical nurses
32102 – Paramedical occupations
32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
32104 – Animal health technologists and veterinary technicians
32109 – Other technical occupations in therapy and assessment
32110 – Denturists
32111 – Dental hygienists and dental therapists
32112 – Dental technologists and technicians
32120 – Medical laboratory technologists
32121 – Medical radiation technologists
32122 – Medical sonographers
32123 – Cardiology technologists and electrophysiological diagnostic technologists
32124 – Pharmacy technicians
32129 – Other medical technologists and technicians
32200 – Traditional Chinese medicine practitioners and acupuncturists
32201 – Massage therapists
32209 – Other practitioners of natural healing
42102 – Specialized members of the Canadian Armed Forces
42202 – Early childhood educators and assistants
72010 – Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
72011 – Contractors and supervisors, electrical trades and telecommunications occupations
72012 – Contractors and supervisors, pipefitting trades
72013 – Contractors and supervisors, carpentry trades
72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers
72020 – Contractors and supervisors, mechanic trades
72021 – Contractors and supervisors, heavy equipment operator crews
72022 – Supervisors, printing and related occupations
72023 – Supervisors, railway transport operations
72024 – Supervisors, motor transport and other ground transit operators
72025 – Supervisors, mail and message distribution occupations
72100 – Machinists and machining and tooling inspectors
72101 – Tool and die makers
72102 – Sheet metal workers
72103 – Boilermakers
72104 – Structural metal and platework fabricators and fitters
72105 – Ironworkers
72106 – Welders and related machine operators
72200 – Electricians (except industrial and power system)
72201 – Industrial electricians
72202 – Power system electricians
72203 – Electrical power line and cable workers
72204 – Telecommunications line and cable installers and repairers
72205 – Telecommunications equipment installation and cable television service technicians
72300 – Plumbers
72301 – Steamfitters, pipefitters and sprinkler system installers
72302 – Gas fitters
72310 – Carpenters
72311 – Cabinetmakers
72320 – Bricklayers
72321 – Insulators
72400 – Construction millwrights and industrial mechanics
72401 – Heavy-duty equipment mechanics
72402 – Heating, refrigeration and air conditioning mechanics
72403 – Railway carmen/women
72404 – Aircraft mechanics and aircraft inspectors
72405 – Machine fitters
72406 – Elevator constructors and mechanics
72410 – Automotive service technicians, truck and bus mechanics and mechanical repairers
72411 – Auto body collision, refinishing and glass technicians and damage repair estimators
72420 – Oil and solid fuel heating mechanics
72421 – Appliance servicers and repairers
72422 – Electrical mechanics
72423 – Motorcycle, all-terrain vehicle and other related mechanics
72429 – Other small engine and small equipment repairers
72500 – Crane operators
72501 – Water well drillers
72600 – Air pilots, flight engineers and flying instructors
72601 – Air traffic controllers and related occupations
72602 – Deck officers, water transport
72603 – Engineer officers, water transport
72604 – Railway traffic controllers and marine traffic regulators
72999 – Other technical trades and related occupations
82010 – Supervisors, logging and forestry
82020 – Supervisors, mining and quarrying
82021 – Contractors and supervisors, oil and gas drilling and services
82030 – Agricultural service contractors and farm supervisors
82031 – Contractors and supervisors, landscaping, grounds maintenance and horticulture services
TEER 3
33100 – Dental assistants and dental laboratory assistants
33101 – Medical laboratory assistants and related technical occupations
33102 – Nurse aides, orderlies and patient service associates
33103 – Pharmacy technical assistants and pharmacy assistants
33109 – Other assisting occupations in support of health services
43100 – Elementary and secondary school teacher assistants
43204 – Operations Members of the Canadian Armed Forces
53200 – Athletes
53201 – Coaches
73100 – Concrete finishers
73101 – Tilesetters
73102 – Plasterers, drywall installers and finishers and lathers
73110 – Roofers and shinglers
73111 – Glaziers
73112 – Painters and decorators (except interior decorators)
73113 – Floor covering installers
73200 – Residential and commercial installers and servicers
73201 – General building maintenance workers and building superintendents
73202 – Pest controllers and fumigators
73209 – Other repairers and servicers
73300 – Transport truck drivers
73301 – Bus drivers, subway operators and other transit operators
73310 – Railway and yard locomotive engineers
73311 – Railway conductors and brakemen/women
73400 – Heavy equipment operators
73401 – Printing press operators
73402 – Drillers and blasters - surface mining, quarrying and construction
83100 – Underground production and development miners
83101 – Oil and gas well drillers, servicers, testers and related workers
83110 – Logging machinery operators
83120 – Fishing masters and officers
83121 – Fishermen/women
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