New Spousal Work Permit Exemption for Foreign Health Workers in Quebec with Shorter Work Permits

IRCC updated its program delivery instructions for spousal open work permits under the International Mobility Program (IMP). Now, spouses of foreign-trained health professionals in Quebec will qualify for an open work permit, regardless of the work permit duration of the worker. 

Key Takeaways 

• Spouses of some foreign-trained health professionals admitted into Quebec’s credential recognition projects are now exempt from the 16-month work permit validity rule. 

• This exemption applies to spouses of registered nurses (or registered psychiatric nurses), respiratory therapists, and medical laboratory technologists. 

• The principal applicant must hold a signed letter of selection confirming admission into one of three designated projects. 

• Spouses must include the code CONJOINTSANTEQC in their work permit application form. 

How Spousal Open Work Permits Work Under the IMP 

Under Canada’s International Mobility Program, the spouse or common-law partner of a foreign worker may be eligible for an open work permit. This allows them to work for any employer in Canada. Moreover, an employer does not need a Labour Market Impact Assessment (LMIA) before hiring them. 

To qualify, the principal applicant must hold a valid work permit, plan to live and work in Canada, and be employed in a high-skilled occupation. Any occupation in TEER 0 (management) or TEER 1 (professional) qualifies, as do select occupations in TEER 2 and TEER 3, spanning fields like health care, sciences, construction, natural resources, and education. 

Beyond the occupation requirement, the principal foreign national’s work permit must be valid for at least 16 months after IRCC receives the spousal open work permit application. The revised instructions exempt spouses of certain health professionals in Quebec from this requirement. 

Exemptions in the New Instructions 

The revised Spousal Open Work Permit instructions exempt spouses of certain foreign-trained health care workers coming to Quebec through a credential recognition project from the requirement that their spouse (the principal applicant) have a work permit with at least 16 months of validity remaining.  

This allows spouses of foreign health professionals arriving on shorter-term work authorizations as part of a credential recognition project to qualify for an SOWP. The health occupations covered by this update are all listed as eligible TEER 2 occupations for spousal open work permits. 

Outside of this narrow exception, if the principal applicant’s work permit does not have 16 months of validity remaining when a spouse applies, the spouse would be ineligible for an SOWP, even though the worker’s occupation otherwise qualifies. 

Who is Exempt from the 16-Month Rule for SOWP 

This exemption applies to a specific and narrow group. For the spouse to qualify, the principal applicant must be employed in one of three occupations in Quebec: 

• NOC 31301 – Registered nurses and registered psychiatric nurses 

• NOC 32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists 

• NOC 32120 – Medical laboratory technologists 

They must also hold a letter of selection signed by Quebec’s Ministry of Immigration, Francisation and Integration (MIFI), Ministry of Health and Social Services (MSSS), and Ministry of Higher Education (MES), confirming admission into one of the following projects: 

• Projet de reconnaissance des compétences d’infirmières et d’infirmiers recrutés à l’international (for internationally recruited nurses) 

• Projet de reconnaissance des compétences d’inhalothérapeutes formés à l’étranger (for foreign-trained respiratory therapists) 

• Projet de recrutement et reconnaissance des compétences de technologistes médicaux formés à l’étranger (for foreign-trained medical laboratory technologists) 

This exemption only applies if the principal applicant has this confirmation letter. If so, their spouse will be eligible for a spousal open work permit, even if their own work permit is valid for less than 16 more months. 

How to Apply for an SOWP Under This Exemption 

Spouses applying under this exemption still need to meet the general eligibility requirements for a spousal open work permit under the International Mobility Program.  

Assessing Your Eligibility

For the spouse to qualify for an open work permit, both the principal applicant and the spouse must meet certain conditions.

The principal applicant must: 

• Hold a valid work permit or provisional approval for a work permit 

• Be employed or will be employed in an eligible TEER 0, 1, or select TEER 2 or 3 occupation (all three health occupations under the exemption qualify) 

• Be physically residing or plan to reside in Canada while employed 

• Be in a genuine relationship with the applicant 

The requirement to have a work permit valid for at least 16 months after IRCC receives the spousal application is waived under this exemption. 

The spouse must: 

• Meet the general eligibility requirements for a work permit 

• Be in a genuine relationship with the principal applicant 

• If already in Canada, hold valid temporary resident status, maintained status, or be eligible for restoration of status 

Application Process 

When completing the application, the spouse must enter the code CONJOINTSANTEQC in both the job title field and the brief description of duties field. This tells IRCC the applicant is the spouse or common-law partner of a foreign-trained health care professional admitted into one of Quebec’s designated projects. 

Missing the code or failing to include the principal applicant’s letter of selection could mean the application is assessed under the standard rules. In such a situation, the SOWP application may be refused if the 16-month requirement is not met. 

What This Means for Applicants 

Quebec has faced significant health care staffing shortages, and the province has been actively recruiting internationally trained nurses, respiratory therapists, and medical laboratory technologists to address them. The credential recognition projects aim to get those workers licensed and working in Quebec’s health system, but the process takes time and workers may arrive on shorter-term authorizations while completing it. 

Under the previous rules, this meant a spouse had no path to an open work permit during that period, even when the worker’s occupation otherwise qualified. This update makes it easier for spouses of workers in the three designated projects to work in Canada.