How to Obtain an Open Work Permit for Your Spouse or Partner During the Canadian Sponsorship Process
When you sponsor your spouse, common-law partner, or conjugal partner for Canadian permanent residence (PR), your partner may be eligible for an Open Work Permit (OWP). The OWP allows your spouse or partner to work in Canada while their PR application is being processed. This is an essential step to ensure that your loved one can maintain financial stability during the waiting period.
Table of Contents
- Introduction
- Who Is Eligible for an Open Work Permit?
- Eligibility Requirements
- Application Process
- Spouse/Partner with Valid Temporary Status
- Spouse/Partner Without Temporary Status
- How to Apply for the Open Work Permit
- Details on Work Permit Application
- What Happens After Submission?
- Key Considerations
- Conclusion
1. Introduction
If you are in the process of sponsoring your spouse, common-law partner, or conjugal partner for Canadian permanent residence, they may be eligible to apply for an Open Work Permit (OWP). This work permit allows the sponsored partner to work for any employer in Canada while their PR application is being processed.
The OWP application can only be submitted once your sponsorship application for permanent residence has been submitted and your partner has received an Acknowledgment of Receipt (AOR) from Immigration, Refugees and Citizenship Canada (IRCC).
2. Who Is Eligible for an Open Work Permit?
Both the Spouse or Common-Law Partner in Canada Class (Inland) and Family Class (Outland) sponsorship programs allow the sponsored partner to apply for an Open Work Permit (OWP), but only under specific circumstances.
To be eligible for an OWP during the sponsorship process, the sponsored person must meet the following requirements:
- They must be in a genuine relationship with the sponsor.
- They must have an active application for permanent residence (PR) and have received an Acknowledgment of Receipt (AOR) from IRCC.
- They must be residing in Canada with the sponsor.
3. Eligibility Requirements
Not everyone is eligible for an OWP during the sponsorship process. Sponsored individuals cannot apply for this work permit if any of the following conditions apply:
- Their PR application has been refused, withdrawn, or returned.
- They intend to apply for a work permit at a port of entry.
Temporary Resident Status
The eligibility also varies depending on whether the sponsored spouse or partner has valid temporary resident status in Canada at the time of application. Below is a breakdown of eligibility:
| Spouse/Partner’s Temporary Status | Procedure |
|---|---|
| Has valid temporary status (e.g., Work permit, Study permit, Visitor visa, or eTA) | They can apply for the OWP through their IRCC secure account once they have received the Acknowledgment of Receipt (AOR). |
| Does not have temporary status | They must wait for an approval in principle letter before applying for the OWP. |
4. Application Process
For Spouses/Partners with Valid Temporary Status
If the sponsored spouse or partner is already in Canada with valid temporary status, they may apply for an OWP once they have received the AOR for their PR application from IRCC. In some special cases, if their temporary resident status is about to expire in two weeks or less, they may apply for the work permit before receiving the AOR, as long as the PR application has been submitted.
For Spouses/Partners Without Temporary Status
If the sponsored partner is currently not in Canada with temporary status, they cannot apply for an OWP until they have received an approval-in-principle letter from IRCC. They are also not eligible to apply for the OWP under any other public policy or pilot program.
5. How to Apply for the Open Work Permit
Once the sponsorship application for permanent residence has been submitted, and the spouse or partner is in Canada, they can apply for an Open Work Permit through their IRCC secure account.
Here’s how they can proceed:
- Create an IRCC Secure Account: If they don’t have one, they need to create an account on the IRCC portal.
- Complete the Application: The partner will be prompted to answer questions about their current status and work intentions, receiving a personalized document checklist for the OWP application.
- Submit Documents: Gather and submit the required documents, which may include proof of status in Canada, the PR application AOR, and other supporting documents.
- Representative Submission: If using an immigration representative, they can submit the OWP application through the Authorized Paid Representative Portal.
6. Details on Work Permit Application
When completing the “Details of Intended Work” section of the OWP application, IRCC provides specific instructions for sponsored applicants. Here’s what they should fill in:
- What type of work permit are you applying for?
- Answer: “Open Work Permit.”
- Job Title and Brief Description of Duties:
- Job Title: Enter “SCLPC FC OWP.”
- Brief Description of Duties: Enter “SCLPC FC applicant in Canada public policy.”
7. What Happens After Submission?
Once the OWP application is submitted:
- Work Authorization: The spouse or partner cannot start working until they have received the OWP from IRCC. They must wait for the application to be processed.
- Temporary Resident Status: The sponsored individual must maintain their legal status in Canada (i.e., visitor, student, worker) during the waiting period.
- Processing Times: If the OWP application is approved, it will be processed typically within four months for Inland applications.
- If Refused: If the OWP application is refused, IRCC will return the application and refund the OWP-holder fee.
8. Key Considerations
- Work Authorization: The OWP does not grant work authorization until it is officially issued. If the sponsored individual already holds a valid Canadian work permit, they may continue working until the expiry of their current permit.
- Expedited Processing for Visitor Visas: If the sponsored person has received an AOR from IRCC for their PR application, they may benefit from faster processing for a visitor visa.
9. Conclusion
Securing an Open Work Permit during the sponsorship process for your spouse or partner is a valuable option that enables them to work while waiting for their Canadian permanent residence application to be processed. By following the guidelines and ensuring all eligibility criteria are met, your partner can legally support themselves in Canada and contribute to your shared future in the country. Make sure to apply for the OWP through the proper channels and maintain legal status in Canada during the process.
For a free consultation about your work permit and student permit options, reach out to the CAD IMMIGRATION today!
