C41 and open work permits for spouses of self-employed workers in Canada

Canada offers several avenues for spouses or common-law partners of foreign workers to obtain open work permits, however, understanding this issue is not always easy. Immigration processes are often complex and almost always require step-by-step guidance to be successful. 

‍

Today I want to share this topic dedicated to the open work permit for spouses or common-law partners of self-employed workers in Canada under administrative code C41. Read with me to the end and expand on the information you need about the eligibility criteria and required documentation. Let's get started.

‍

‍

What is administrative code C41?

‍

Administrative code C41 is a measure that allows spouses of self-employed workers with open work permits in eligible occupations to file an application. 

‍

‍

Who is considered self-employed?

‍

A self-employed person is a person who is self-employed as a business owner and generally does not hire employees outside his or her family. Unlike entrepreneurs who manage a business by hiring employees, the self-employed are actively involved in the operational tasks required by their profession.

‍

‍

Eligibility criteria for spouses of self-employed workers

‍

To qualify for an open work permit under code C41, the spouse or domestic partner must demonstrate that the principal applicant (the self-employed) is genuinely engaged in an eligible occupation within NOC/TEER 0, 1 or some positions in TEER 2 and 3. This requires providing:

• Proof that the principal applicant is working in the field of their NOC classification. 
• Supporting documentation establishing the degree of ownership of the business.
• Evidence of financing and business operations.
• Your employment must be considered "legitimate" with Immigration Canada (IRCC).
• Have customer contracts or invoices showing regular income.
• Register a business in Canada if you work as a freelancer (this is optional, but may be helpful).
• Have tax returns (T4A or T2125 on the Canadian tax return) if you have beenself-employed for some time.

‍

‍

Required Documentation

‍

When submitting the application, the spouse must include:

1. Occupancy test

• If the self-employed worker belongs to a TEER 2 occupation, such as industrial designer (NOC 22211), the evidence should confirm that he/she is performing the main functions described in the NOC.

2. Verification of business ownership

• Documents showing the percentage of ownership in the business.
• Registration or documents of incorporation of the business.

3. Financial and operating evidence

• Financial statements showing the funds used to establish the business.
• Proof of expenses (office rent, purchase of equipment, etc.).
• Business plans or agreements that demonstrate the viability of the business.
• Tax documents or payroll records, if applicable.

‍

‍

On implementation date and additional guidance

‍

These instructions began to be implemented on applications received on or after January 21, 2025. Additional guidance will be provided later in the instructions for clients on Open Work Permits for Relatives of Foreign Workers, specifically under Spouses or Domestic Partners of Foreign Nationals Authorized to Work in High Skilled Occupations (TEER 0, 1 or some of TEER 2 and 3) - [R205(c)(ii) - C41].

‍

This temporary measure provides valuable opportunities for self-employed families in Canada, allowing them to contribute to the labour market while their partner establishes their business. If you are considering filing an application, be sure to provide complete documentation to support your case.

‍

Do you have doubts about how to start an immigration process in Canada? Our team of lawyers and regulated consultants can guide you with a free evaluation of your profile. You can also schedule an appointment near you.

‍

I hope this topic is helpful. Thanks for reading, see you in the next blog!

‍

With love,

‍

Immiland Canada