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Spousal Open Work Permit in Canada

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by Kathy Watkins

Open Work Permits for Spouses, Common-Law, and Conjugal Partners in Canada

Immigration to Canada provides an invaluable service for spouses, common-law, and conjugal partners of Canadian citizens or Permanent Residents. While their sponsorship application for permanent residence is being processed, these individuals can obtain an open work permit. This permit allows them to work for any employer of their choice across Canada, enabling financial support for themselves and their families during the immigration process.

The Spousal Sponsorship program falls under the Family Class immigration category. This initiative allows a Canadian citizen or permanent resident to sponsor their spouse, common-law, or conjugal partner for permanent residence in Canada.

The Immigration, Refugees and Citizenship Canada (IRCC) aims to process applications through the Spousal Sponsorship program within 12 months. The open work permit helps alleviate economic and emotional stress during this waiting period, ensuring partners do not have to choose between staying with each other and finding employment.

Spousal Open Work Permit in Canada - Immigration to Canada

An open work permit is neither tied to any specific employer nor bound to a particular job. This flexibility allows the holder to work with almost any Canadian employer without needing a job offer confirmation first.

For more thorough guidance on benefiting from the open work permit and navigating the Spousal Sponsorship program, Immigration to Canada is here to assist you every step of the way.

Eligibility Requirements for an Open Work Permit

To qualify for an open work permit through Immigration to Canada, a foreign national must meet the following criteria: 

Applying for an Open Work Permit When Sponsored by Your Spouse or Partner

At Immigration to Canada, we provide guidance on applying for an open work permit if you are being sponsored by your spouse or partner. To be eligible, you must apply for permanent residency through the in-Canada spousal sponsorship program.

Before Submitting Your Sponsorship Application:
You can package your sponsorship, permanent residence, and open work permit applications together. Make sure all necessary documents and proof of payment are included. Send it in a single envelope to the Case Processing Centre in Mississauga (CPC-M), Ontario.

If Your Permanent Residence Application Is Under Review:
Once your application for permanent residence has been submitted but not yet approved in principle, you can send571Applying for an Open Work Permit When Sponsored by Your Spouse or Partner: A Guide by Immigration to Canada

If you’re a foreign national whose spouse or partner is sponsoring you for permanent residency in Canada, you may be eligible to apply for an open work permit. Here’s a simplified guide provided by Immigration to Canada to help you understand the process.

Eligibility Requirements: To qualify for a spousal sponsorship open work permit, you need to apply for permanent residency from within Canada using the in-Canada spousal sponsorship program.

Submission Scenarios:

Understanding Approval in Principle (AIP): Approval in principle means that your permanent residence application has been evaluated and meets eligibility requirements but still needs to undergo medical exams and security checks. It’s important to note that final approval is not guaranteed even after receiving AIP.

Status Requirement: You must have a valid status in Canada—as a visitor, student, or worker—to apply for a work permit concurrent with your permanent residence application. If you’re currently out of status, you’ll need to wait until your permanent residence application receives AIP before you can apply for the work permit.

Spousal Open Work Permit in Canada - Immigration to Canada

Eligibility Criteria for a Spousal Work Permit and Visa

At Immigration to Canada, we help you navigate the process of obtaining a spousal open work permit. To qualify, you should meet the following key criteria:

Authentic Relationship:

You must be in a genuine relationship with a foreign national who is either a principal applicant, a permanent resident, or a Canadian citizen.

Application Eligibility:

You should qualify to apply either as the spouse of a foreign national or as an applicant under the In-Canada Sponsorship Program.

Admissibility:

You must not have any criminal or medical issues that make you inadmissible to Canada.

Medical Exam for Spousal Open Work Permit

When applying for a spousal open work permit in Canada, a medical examination might be necessary. Applicants have the option to complete this exam either upfront or after receiving a request from IRCC. Once you receive a request, it’s mandatory to undergo the exam with an IRCC-designated panel physician. You can locate the nearest panel physician through IRCC’s Find a Panel Physician webpage.

Financial Requirements for Spousal Open Work Permit

Applicants for a spousal open work permit must prove they have adequate financial resources to support their stay in Canada. If the immigration officer is not convinced of the applicant’s financial stability, it may lead to application refusal.

Renewing Your Spousal Open Work Permit

Renewing a spousal open work permit is not an option. However, if your existing permit expires yet your spouse or partner maintains valid status in Canada, you can apply for a new spousal open work permit (SOWP).

Tracking Your Spousal Open Work Permit Application Status

For those who have applied online for a spousal open work permit, you can track your application status through your online account. If you submitted a paper-based application, you could link it to an online IRCC account to check the status.

Transitioning from Spousal Open Work Permit to Permanent Residence

There are various pathways for individuals working in Canada to transition to permanent residency. To explore your options thoroughly, begin by completing our free online assessment form at Immigration to Canada.

Reasons for Spousal Open Work Permit Refusal

A common reason for the refusal of a spousal open work permit is an insufficient demonstration of proof of the relationship with the eligible spouse. If you experience a refusal, contact us at Immigration to Canada for advice on your next steps.

Common Reasons for Spousal Open Work Permit Rejections

At Immigration to Canada, we understand the complexities of applying for a spousal open work permit. A rejection can be disheartening, but knowing the main reasons why applications are denied may help you better prepare. Here are six common reasons for rejections:

  1. Principal Applicant Residing Outside Canada: It is crucial that your spouse resides legally within Canada to qualify for a spousal open work permit. Applications are likely to be rejected if your spouse is living abroad.

  2. Lack of Proof of Enrollment at a DLI: If your spouse is a student, it’s essential to demonstrate their active enrollment at a Designated Learning Institution (DLI) in Canada. Omitting this documentation can lead to denial of your application.

  3. Insufficient Financial Proof: Demonstrating financial stability is key. If an immigration officer doubts your ability to financially support your stay in Canada, your application may be rejected. Ensure you provide adequate financial documents.

  4. Missing Employment Verification: In cases where the spousal open work permit is sought based on your spouse’s job, submitting proof of their employment in Canada is critical to avoid rejection.

  5. Weak Ties to Home Country: The immigration officer needs to be assured that you will leave Canada once your authorized stay ends. Providing evidence of strong ties to your home country can support your case.

  6. Inadequate Proof of Genuine Relationship: Your application hinges on verifying your genuine relationship with your spouse or common-law partner. A lack of convincing evidence may result in a refusal.

Open Work Permit Changes After Separation or Divorce

If you separate or divorce after receiving a spousal open work permit, your permit will remain valid. However, if your relationship ends while your application is still being processed, it’s crucial to update Immigration, Refugees, and Citizenship Canada about your change in relationship status. In this case, you will no longer qualify for a spousal open work permit. 

FAQ
What is the validity period of a spouse open work permit through Immigration to Canada?

A spouse open work permit is valid for the same duration as the lead applicant’s permit. Additionally, it cannot exceed the validity of the applicant’s passport if it is expiring soon.

How soon can I apply for a work permit after marriage?

There is no mandatory waiting period for applying for a work permit after getting married. You can apply as soon as you are ready.

Can I work anywhere in Canada with a spouse open work permit?

Yes, holders of a spouse open work permit are allowed to work anywhere in Canada for any employer, with a few restrictions.

Can dependents be included in the spouse open work permit application?

Yes, dependent children can accompany the permit holder by applying for a visitor record when you apply for a spousal open work permit.

How do I apply for a spouse open work permit?

The application procedure will vary depending on the type of spousal open work permit you require. The first step is to determine which permit is right for you. For assistance, contact Immigration to Canada to schedule a consultation with our team.

When should I apply for a spouse open work permit?

The timing of your application depends on the category under which you are applying. For detailed information, contact Immigration to Canada to arrange a consultation.

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