Spouses Can Work

Canada announced on November 30, 2001 that it would expand and make permanent a new program allowing the spouses and common law partners of temporary workers to get work permits. This would apply to the spouses of any temporary worker in a managerial, professional, technical or skilled trades occupation. A temporary worker is any foreign worker in Canada with work authorization under NAFTA, GATTS, validated employment, or any other temporary legal category.

The work authorizations will be open, and will not be restricted to any particular kind of job. The new program is not limited to married couples, but also applies to common law partners, including same sex partners. The basic requirement for common law partners is that the two persons have lived together in an intimate relationship for at least one year.

Spouses can apply for the new work authorization before they come to Canada, or can enter as visitors along with the principal worker, and apply later. Due to a quirk in existing law, it may be necessary for common law partners to apply from outside Canada until new regulations are published next summer.

This is a big advantage for people with job offers in Canada. Under the usual United States temporary work categories, such as L, H, and E, spouses are not permitted to work.