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Spousal Open Work

Spousal Open Work Permit for Canada

A Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of a temporary foreign worker or a student in Canada to work in Canada while their permanent residence application is in process or while their partner is in Canada on a work or study permit.

This permit is open, meaning that the spouse can work for any employer in Canada, without being restricted to a specific job or location. It provides greater flexibility for the spouse or partner to find employment during their stay in Canada.

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    Eligibility for a Spousal Open Work Permit

    A spousal open work permit is available to spouses or common-law partners of individuals who are:

    1. Spouse or Common-Law Partner of a Temporary Foreign Worker:

    1. o If the spouse is in Canada on a valid work permit, their partner may be eligible for an open work permit.
    2. o The work permit holder should be employed in a skilled occupation (usually categorized as NOC 0, A, or B) to qualify for the spouse’s open work permit.

    2. Spouse or Common-Law Partner of a Full-Time International Student:

    1. o The spouse or partner of a full-time international student who is studying at a Designated Learning Institution (DLI) in Canada may be eligible for an open work permit.
    2. o The student’s study permit must be valid and they must be enrolled in a full-time program.

    3. Spouse or Common-Law Partner of a Permanent Resident or Canadian Citizen (While PR Application Is Pending):

    1. o If the applicant has applied for permanent residence through the Spousal Sponsorship Program, they can apply for an open work permit while waiting for the application to be processed.
    2. o The student’s study permit must be valid and they must be enrolled in a full-time program.

    4. Medical Examination

    1. o If the applicant has been granted refugee status or protected person status in Canada, their spouse or common-law partner can apply for an open work permit.

    Requirements to Apply for a Spousal Open Work Permit

    1. Valid Relationship

    1. `o The relationship must be genuine, and the applicant must provide proof (e.g., marriage certificate, proof of cohabitation, shared finances).

    2. Proof of Partner’s Status in Canada

    1. o The applicant must provide documentation showing that their spouse or common-law partner holds a valid work or study permit in Canada or has applied for permanent residence.

    3. Proof of Financial Support

    1. o The sponsor (the primary work or study permit holder) must show they can financially support both themselves and their spouse or partner during their stay in Canada.

    4. Current Status of the Spouse/Partner

    1. o The applicant must be in good standing in Canada (i.e., they cannot have overstayed their visa or permit).

    5. No Admissibility Issues

    1. o The applicant must not be inadmissible to Canada for reasons such as criminal activity, health issues, or misrepresentation.

    Application Process for Spousal Open Work Permit

    1. Prepare Documents

    1. o You will need to gather the necessary documents, including:
      1. o Proof of relationship (marriage certificate or common-law partnership documentation).
      2. o Proof of spouse’s work or study permit.
      3. o Proof of application for permanent residence, if applicable.
      4. o Passport and photographs (as per IRCC guidelines).
      5. o Police clearance and medical exams, if required.

    2. Apply Online or Through Visa Application Centre (VAC)

    1. o You can apply for a spousal open work permit either online via the Immigration, Refugees and Citizenship Canada (IRCC) website or by submitting a paper application through a Visa Application Centre (VAC) in your country.
    2. o If the spouse is already in Canada, they can apply for the open work permit from inside Canada.

    3. Wait for Processing

    1. o The processing time can vary, but typically it takes about 2 to 4 months for the spousal open work permit application to be processed.
    2. o If the application is incomplete or additional documents are required, the processing time could be longer.

    4. Decision

    1. o If the application is approved, the spouse will receive an open work permit, allowing them to work for any employer in Canada.
    2. o If the application is denied, the applicant will be notified of the reason and may have the option to reapply or appeal.

    5. No Admissibility Issues

    1. o The applicant must not be inadmissible to Canada for reasons such as criminal activity, health issues, or misrepresentation.

    Conditions of a Spousal Open Work Permit

    1. Work Anywhere in Canada

    1. o The spouse or common-law partner can work for any employer in Canada and in any occupation, as long as their permit remains valid.

    2. Permit Validity

    1. o The open work permit will be issued for a period up to the validity of the primary work permit (or study permit) of the sponsor.
    2. o If the primary work permit or study permit expires, the open work permit may also expire. The spouse may apply for an extension if necessary.

    3. Apply for an Open Work Permit After Arrival in Canada

    1. o If the spouse or partner is already in Canada, they can apply for the open work permit from within Canada (known as an inland application).

    4. Renewing the Work Permit

    1. o The spouse or common-law partner can apply for an extension of their open work permit if their partner’s work or study permit is extended.

    Work While Awaiting Permanent Residency

    If the spouse is applying for permanent residence through the spousal sponsorship program, they may be eligible for an open work permit while their application is being processed. This work permit allows the spouse to support themselves financially while waiting for the approval of their permanent residency.

    Eligibility for Dependent Children

    1. • If the spousal open work permit holder has dependent children, they may be eligible to apply for study permits to attend school in Canada.
    2. • The children can apply for study permits separately, but they are typically processed alongside the parent’s work permit application.

    How to Extend a Spousal Open Work Permit

    If you are already in Canada and your open work permit is about to expire, you can apply for an extension:

    1. Complete the Extension Application

    1. o You must apply before your current permit expires.

    2. Submit Necessary Documents

    1. o You must provide proof that your spouse still holds a valid work or study permit and that your relationship is still genuine.

    3. Receive a Decision

    1. o If your extension is approved, you can continue working in Canada until your new permit expires.

    Spousal Open Work Permit Fees

    The fees for a spousal open work permit application are as follows:

    Application Type Fee
    Open Work Permit Application Fee
    $155 CAD
    Biometrics Fee (if applicable)
    $85 CAD

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