LMIA Exemption Code C49: Open Work Permit for Spouses of PNP Nominees Working in TEER 4 or 5 Jobs
- Gateway to Canada
- Jul 16
- 2 min read
A common misconception among applicants is that open work permits for spouses are only available if the principal applicant works in a high-skilled (TEER 0, 1, 2, or 3) occupation. While that’s generally true under most immigration streams, there’s a special exemption under the Provincial Nominee Program (PNP) — even if your spouse is working in a low-skilled job (TEER 4 or 5).
Thanks to LMIA Exemption Code C49, you may qualify for an open work permit if your spouse:
Has received a nomination certificate through a PNP,
Has submitted an application for permanent residence under that nomination,
Is currently working in Canada, and
You are in a genuine spousal or common-law relationship.
This applies regardless of the TEER level of your spouse’s job or whether their work permit is employer-specific.
What Is LMIA Exemption Code C49?
C49 is a public policy LMIA exemption that supports family reunification and helps retain workers nominated by provinces or territories. It allows spouses of PNP nominees to work in Canada while the family’s permanent residence application is being processed — even if the principal applicant’s job is considered low-skilled. [Source]
Documents You’ll Need:
When applying for an open work permit under C49, be prepared to include:
A copy of your spouse’s Provincial Nomination Certificate
Proof that your spouse has submitted their permanent residence application (such as an Acknowledgement of Receipt from IRCC)
Proof of your spouse’s current employment in Canada
Proof of your marriage or common-law relationship
Common Mistake:
Many spouses are told they cannot apply because the principal applicant holds a TEER 4 or 5 job. This is only true outside of the C49 exemption. If the applicant is a PNP nominee who has submitted a PR application, C49 overrides that restriction.
Summary
If your spouse:
Has a PNP nomination,
Has filed for permanent residence, and
Is currently working in Canada (any TEER level) —
You can apply for an open work permit under LMIA Exemption Code C49.
This is a powerful yet often overlooked pathway for spouses of PNP applicants, especially those in TEER 4 or 5 jobs, to stay and work in Canada while waiting for PR approval.
Need Help Applying?
Gateway to Canada can help! Whether you’re applying for a study permit, permanent residence, or an open work permit under C49, our licensed immigration professionals can guide you every step of the way.
Contact us today or book a consultation to find out if you're eligible.
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