C42 open work permit: a benefit for international student couples in Canada

C42 open work permit: a benefit for international student couples in Canada C42 open work permit: a benefit for international student couples in Canada

This 2025, the Canadian immigration system offers a huge advantage for international students and their partners thanks to the C42 category of the International Mobility Program (IMP) 2024-2025, with the possibility for spouses or common-law partners to be eligible to obtain an open work permit. This benefit seeks to promote Canada as a more attractive destination for global talent.

Today, in our blog, I will explain what this category consists of and what it entails, who qualifies, how the requirements have changed and what is needed to successfully apply for the open work permit. Read with me to the end and identify if your profile fits the new benefit. Let's get started!

What is IMP category C42?

The C42 category of the IMP is a Canadian immigration policy that facilitates family reunification and employment for spouses of international students, without having to apply for a Labour Market Impact Assessment (LMIA), which means freedom to work legally in Canada for any employer. 

This policy not only fosters family unity among immigrants, but also seeks to attract more international students and strengthen Canada's academic and economic competitiveness.

Important! IMP category C42 applies only to couples who are not in full-time education.

Who is eligible under category C42?

A person eligible for an open work permit under this category is one who meets the following requirements:

  • You are the spouse or common-law partner of an international student with a valid study permit and physical residence in Canada (or with plans to reside while studying).
  • You can prove a genuine relationship (with marriage certificate, IMM form 5409, etc.).
  • You can demonstrate that you have sufficient funds to support yourself and your dependents without having to do without student funds.
  • The student is enrolled full-time in a designated learning institution (DLI) and in a program eligible for a Post-Graduate Work Permit (PGWP).

How have the eligibility requirements changed?

The criteria for international students to support their spouses' application have become stricter this 2025. Let's look at the before and after of this change:

  • Prior to March 19, 2024, full-time students were accepted into PGWP-eligible programs at public or some private institutions in Quebec.
  • From March 19 to April 29, 2024, only students in graduate programs (master's or doctoral) or professional programs (such as medicine, law, dentistry) were eligible.
  • From April 30, 2024 to January 20, 2025, the criteria were extended to include some provincial pilot programs (such as the Pilot for French-speaking Minority Communities).
  • As of January 21, 2025, only students are accepted in:
  • Doctoral Programs
  • Master's degrees with a duration of 16 months or more
  • Professional Programs
  • Programs on the official list published by Immigration, Refugees and Citizenship Canada (IRCC)

Important! Spouses of students in shorter bachelor's or master's degree programs no longer qualify under these criteria.

Documentation required for an initial application

The applicant must submit:

  • Proof of relationship (marriage certificate, IMM 5409, etc.).
  • Proof of student enrollment in a DLI institution and PGWP-eligible program.
  • Proof of sufficient funds of the applicant, independent of the student's funds.
  • Additional academic documentation (acceptance letter, proof of enrollment, academic records).

Frequently Asked Questions

Can children obtain a work permit?

No. Dependent children of international students cannot apply for an open work permit under the C42 category. This permit is only for spouses or domestic partners.

How can this permit be renewed?

The rules for renewing a C42 permit have changed. Prior to January 21, 2025, renewals were valid if the student continued to meet the original requirements, but as of January 21, 2025, the student must meet the new stricter criteria.

There is one exception to the rule: spouses of students living in Canada who are enrolled in bachelor's or master's degree programs of less than 16 months may renew under the old criteria only if the requested permit does not exceed the remaining duration of the student's current program. If the student changes levels or programs, this exception does not apply.

What if IRCC doubts the student's marital relationship?

If the immigration officer has doubts about the authenticity of the relationship, he or she may seek to apply the principle of procedural fairness by asking the applicant to present additional evidence of the relationship (e.g., documents from shared bank accounts, photos, messages).

Important! Before applying, have documentation or clarifications available to show that the relationship is genuine.

Fees and validity of the C42 permit

Typical open work permit costs include:

  • Processing fee: $155
  • Additional fee for open permit: $100
  • Biometrics (if applicable): $85

The term of the permit shall be limited to the lesser of the following periods:

  • Validity of the student's study permit
  • Validity of the applicant's passport or biometrics

Recommendations for a successful application for a C42 permit

The C42 work permit is still an important option for keeping international student families together, but the new rules are much more selective for the 2024-2025 period, so it is necessary to stay updated on IRCC developments.

If you wish to apply or renew your application, we strongly recommend that you carefully review the new requirements and ensure that your partner's program qualifies. If you are unable to identify whether the program is eligible, consider engaging the advice of an Immiland Canada immigration lawyer or CICC-regulated consultant to help your case have a better chance of success.

Need help applying for or renewing your C42 permit? At Immiland Canada, we offer comprehensive advice with the document preparation and legal representation you are looking for. Visit our website: https://www.immilandcanada.com/ with all immigrant services and contact us for more information.

I hope this topic will help you clarify your doubts about the C42 permit and apply successfully as soon as possible. 

Thanks for reading! See you in the next blog!

With love, 

Immiland Canada

Note: This article does not constitute legal advice or legal opinion from an attorney. Rather, it is provided solely to inform readers about certain aspects related to the details of the law in legal matters.

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