What is C41?

C41 is the LMIA-exemption code used on Spousal Open Work Permits (SOWP). SOWPs are issued under IRPR s.205(c)(ii) for spouses and common-law partners of certain temporary workers and students in Canada.

Who qualifies for C41 SOWP — work permit spouses

The spouse of a foreign worker qualifies for SOWP if the principal worker:

• Holds a valid Canadian work permit
• Is working in a TEER 0, 1, 2, or 3 occupation
• Has at least 16 months remaining on their work permit (or PR application is in process)

Who qualifies for C41 SOWP — study permit spouses

For applications received on or after 19 March 2024, SOWP eligibility for study permit holders' spouses is restricted to spouses of students in:

• Master's, doctoral programs (any field)
• Specific professional programs (medicine, law, engineering, education, accounting, architecture)

Spouses of students in undergraduate or general college programs are no longer SOWP-eligible by default.

SOWP duration

The SOWP is typically issued for the same period as the principal worker's permit (or the duration of the principal's program for student-spouse SOWPs).

SOWP from outside Canada

You can apply for SOWP from outside Canada at the time of the principal worker's application, or after the principal has landed and started work. Most C41 applications from Pakistan, India, UAE, and Philippines are filed alongside the principal work permit application.

Halani's note

SOWPs are a major part of Halani's work permit practice — they allow the entire family to land in Canada productively from day one. We coordinate the principal + spousal applications together so they arrive in sync.