At Immigration to Canada, we help foreign nationals successfully secure open work permits. These permits allow you to work for any employer across Canada while your permanent residency application is being processed, or if your spouse holds valid status in Canada. The process for applying for a spousal sponsorship open work permit varies based on your current status in Canada or the stage of your residency application. It’s important to note that working in Canada without the right permit is illegal and can affect future immigration opportunities. Always ensure you have the proper authorization before starting employment in Canada.
What is a Spouse Open Work Permit?
The spouse open work permit is a special authorization that lets spouses of certain temporary permit holders in Canada work across the country for almost any employer, with minimal restrictions. This facilitates employment opportunities without tying them to a specific job or location.
Who Can Apply for a Spouse Open Work Permit?
Individuals eligible to apply for a spousal open work permit include those who are being sponsored by their spouse or those whose spouses are presently in Canada on a study or work permit. The prerequisites for applying hinge on the status of your spouse in Canada. For detailed eligibility criteria, please refer to the specific guidelines provided by Immigration to Canada.
Category | Principal applicant’s occupational skill level requirement | Principal applicant’s minimum work permit length |
---|---|---|
Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders | TEER 0, 1, 2 or 3 | 6 months |
Spouses or common-law partners of Quebec selection certificate (CSQ) holders | Any occupational skill level | 6 months |
Spouses or common-law partners of provincial nominees | Any occupational skill level | 6 months |
Spouses or common-law partners of bridging open work permit (BOWP) holders | Varies depending on program principal applicant applies under | 6 months |
Spouses or common-law partners of open work permit holders other than BOWP (incl. PGWP, IEC) | TEER 0, 1, 2 or 3 | N/A |
Spouses or common-law partners of study permit holders | N/A | N/A |
In Canada spousal/common-law sponsorship applicants | N/A | N/A |
If you are a foreign national looking to apply for an open work permit while being sponsored by your spouse or partner for permanent residency in Canada, Immigration to Canada can assist you in this process. To be eligible, your sponsorship application must be submitted from within Canada through the spousal sponsorship program’s in-Canada stream.
You can bundle and submit your sponsorship, permanent residence, and open work permit applications together. Ensure all necessary documents and payment proofs are included. These should be sent in one package to the Case Processing Centre in Mississauga (CPC-M), Ontario.
If you have already submitted your permanent residence application but it hasn't yet been approved in principle, you should send your open work permit application in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.
If you have received approval in principle, your open work permit application can be submitted either online or in paper form, directed to the Case Processing Centre in Vegreville (CPC-V), Alberta.
Approval in principle (AIP) indicates that your application has met the eligibility requirements according to Immigration, Refugees and Citizenship Canada (IRCC), yet still requires medical, security, and background checks. Gaining AIP is a positive step, but permanent residency is not guaranteed until all stages are completed.
It is essential to maintain valid status in Canada—whether as a visitor, student, or worker—to apply for a work permit alongside your permanent residence application. If your status has expired, you need to wait until you receive approval in principle for your permanent residence application before applying for a work permit.
If you’re looking to apply for a spousal open work permit in Canada, there are specific criteria you need to meet:
The time it takes to process a Spousal Open Work Permit (SOWP) varies depending on the type of permit application submitted. To get an estimate for a specific application type, you can visit Canada’s dedicated immigration webpage for current processing times.
Can You Extend a Spousal Open Work Permit?
A Spousal Open Work Permit is linked to the permit held by your spouse, known as the ‘lead applicant’. Its validity is only as long as the lead applicant’s permit. If your SOWP expires, a new application must be submitted, based on your spouse’s permit status.
Fees for a Spousal Open Work Permit
The cost associated with obtaining a Spousal Open Work Permit totals $255 CAD, which includes a $155 CAD processing fee and a $100 CAD fee for the open work permit holder.
Validity of a Spousal Open Work Permit
The duration of a Spousal Open Work Permit is directly linked to the validity of the lead applicant’s permit. It will not be granted for a period longer than what is allowed by the applicant’s passport validity.
How Soon Can You Apply for a Work Permit After Marriage?
There is no waiting period required before an individual can apply for a work permit following marriage. The application can be submitted at any time after the marriage.
The process to apply for a spouse open work permit varies based on the type you need. Your first move should be identifying the right work permit for your situation. If you’re uncertain about how to proceed with the application, reach out to Immigration to Canada, and a team member will help you schedule a consultation.
When to Submit Your Spouse Open Work Permit Application
The timing for applying for a spouse open work permit depends on the specific category you fall under. For detailed guidance regarding your application timeline, feel free to contact Immigration to Canada for a consultation.
Documents Needed for a Canadian Spouse Open Work Permit
The necessary documents for a spouse work permit in Canada will vary based on your application category. You might need to submit the following:
When applying for a spousal open work permit through Immigration to Canada, you might need to undergo a medical examination. Applicants can opt to complete this exam proactively or wait until it is requested by IRCC. If you receive a request, you’ll need to visit an IRCC-designated panel physician. You can locate a physician near you using IRCC’s Find a Panel Physician tool.
Financial Requirements for Spousal Open Work Permit
Applicants for the spousal open work permit must demonstrate they have adequate financial resources to cover their stay in Canada. If the immigration officer doubts your financial capability, it may lead to a refusal of the application.
Renewing Your Spousal Open Work Permit
Renewing a spousal open work permit is not an option. However, if your permit expires but your spouse or partner maintains a valid status in Canada, you can apply for a new Spousal Open Work Permit.
Checking Your Application Status for Spousal Open Work Permit
For those who submitted their application online, you can track the status of your spousal open work permit application through your online account. If you applied using a paper form, link it to your IRCC online account to check the status.
At Immigration to Canada, we understand the importance of staying informed about why a spousal open work permit (SOWP) might be denied. Here are six frequent reasons for rejections:
Principal Applicant Residing Outside Canada: For a successful SOWP application, your spouse must be in Canada on a legal and valid status. If they’re living outside of Canada, it could lead to a denial of your application.
Lack of Proof of Enrollment in a DLI: If your spouse is a student, there needs to be concrete proof that they are enrolled at a Designated Learning Institute in Canada. Missing or insufficient documentation on this can result in the refusal of your SOWP application.
Insufficient Financial Documentation: To convince immigration officers of your financial capability, you must provide adequate proof of funds to support your stay in Canada. Without this, your application could be turned down.
Missing Employment Verification: If your application is based on your spouse’s job in Canada, it is crucial to include all necessary documents that confirm their employment status.
Weak Ties to Home Country: Officers need assurance that you’ll leave Canada once your permit expires. Demonstrating strong ties to your home country is key, and failure to do so may hinder your application.
Lack of Proof of a Genuine Relationship: The application hinges on the authenticity of your relationship with your spouse or partner. Inadequate evidence of a genuine relationship could result in a rejection.
Impact of Separation or Divorce on the SOWP
In the event of a separation or divorce after the issuance of your SOWP, the permit remains valid. However, if your relationship ends while your application is still being processed, you must notify Immigration, Refugees and Citizenship Canada (IRCC) as you would no longer qualify for a spousal open work permit.
The Spousal Open Work Permit (SOWP) offered by Immigration to Canada is a unique opportunity designed to enable spouses or common-law partners of certain Canadian residents or workers to work in Canada. This permit allows eligible individuals to work for almost any employer in the country, providing them with the flexibility to integrate into the Canadian workforce and contribute to their household income.
Typically, individuals can apply for a SOWP if their spouse or partner is a skilled worker in Canada, is a full-time student at a qualified educational institution, or is a Canadian citizen or permanent resident sponsoring them for immigration. This permit aims to keep families together in Canada by providing partners the means to live and work in the country while their immigration applications are being processed.
To be eligible for a Spousal Open Work Permit through Immigration to Canada, applicants must fulfill specific criteria. Firstly, the applicant's spouse or common-law partner must hold a valid study or work permit or be a Canadian citizen or permanent resident who is actively sponsoring the applicant for permanent residency.
The relationship must be genuine and legally recognized, whether through marriage or established common-law status. Applicants often need to provide evidence of their relationship, such as photographs, joint financial statements, or other shared commitments. Additionally, they must demonstrate good health and a lack of criminal record, supported by a medical exam and police certificate if required. These requirements ensure that the applicant is well-prepared to enter the Canadian workforce and integrate into society without additional barriers.
The application process for the Spousal Open Work Permit through Immigration to Canada involves several critical steps. Prospective applicants must first gather all necessary documentation, including proof of their relationship, their partner's status in Canada, and any other required personal identification or background information.
Next, applicants need to complete the application form, available online, ensuring all details are accurate and complete to prevent processing delays. Along with the form, applicants must submit the relevant processing fees. In some cases, it may be advantageous to apply for the SOWP online while still in their home country, depending on their partner's status and location.
Once submitted, applicants should be prepared to wait several weeks for the processing of their application. Immigration to Canada may request additional documents or information during this time, so it is crucial to stay in communication and provide any necessary updates promptly.
Yes, one of the significant advantages of a Spousal Open Work Permit from Immigration to Canada is its flexibility. Permit holders can work for almost any employer in Canada, allowing them to seek employment opportunities in various fields and industries across the country. This freedom is particularly beneficial for those looking to expand their professional experience and develop new skills.
However, it's important to note that permit holders cannot work for employers deemed ineligible or involved in activities deemed risky or inappropriate, such as those failing to adhere to government labor policies. By offering broad access to employment, the SOWP helps ensure that permit holders can not only support their families but also contribute to the Canadian economy effectively.
Processing times for Spousal Open Work Permit applications through Immigration to Canada can vary significantly based on several factors, including the applicant’s country of residence, the accuracy of submitted documents, and the current caseload of immigration offices. On average, applicants can expect processing times ranging from a few weeks to several months.
To expedite processing, applicants are encouraged to ensure their application package is thorough and complete, with all required documents and forms submitted correctly. Keeping an eye on updates from Canadian immigration authorities regarding processing times and allowing for potential delays can also help applicants manage expectations.
Obtaining a Spousal Open Work Permit through Immigration to Canada provides numerous benefits for both the applicant and their sponsoring partner. Primarily, it allows families to stay united in Canada while they await decisions on their immigration status, reducing the stress of separation.
Professionally, SOWP holders gain access to the Canadian job market, which can offer valuable international work experience, enhance skill development, and pave the way for future career opportunities. Furthermore, the income earned while working under an SOWP can significantly ease financial burdens, supporting the family’s overall standard of living.
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