contact@apniimmigration.ca
Mississauga: +1 (647) 354 2579

Spousal Open Work Permit

Work Authorization

Introduction to Spousal Open Work Permit

A Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of certain work permit or study permit holders, or permanent residence applicants, to work for any employer in Canada without needing a job offer or Labour Market Impact Assessment (LMIA).

Work While Waiting

Work in Canada While Your Application is Processing

The Spousal Open Work Permit program is designed to allow spouses and common-law partners to work in Canada while their sponsorship application is being processed or while their partner is working or studying in Canada under certain programs.

Unlike regular work permits that are tied to a specific employer, an open work permit allows the holder to work for almost any employer in Canada. This provides flexibility and independence for spouses and partners, allowing them to contribute to the household income and gain Canadian work experience.

There are two main categories of Spousal Open Work Permits:

  • For spouses/partners of certain work permit or study permit holders
  • For spouses/partners of Canadian permanent residence applicants
Consult with Our Experts
Spousal Open Work Permit
Requirements

Eligibility Requirements

To be eligible for a Spousal Open Work Permit, you must meet specific criteria depending on your situation. Here are the main eligibility pathways:

For Spouses of Permanent Residence Applicants

If your spouse or common-law partner has applied for permanent residence, you may be eligible for an open work permit if:

  • Your spouse/partner has submitted an application for permanent residence under the Spouse or Common-Law Partner in Canada class (Inland Sponsorship)
  • Your spouse/partner has received approval in principle on their permanent residence application, meaning they have met all eligibility requirements but have not yet passed medical, security, or background checks
  • You are living in Canada with your spouse/partner
  • You have valid temporary resident status (as a visitor, student, or worker) or are eligible to restore your status
  • You are not inadmissible to Canada for criminal or security reasons

This type of work permit is valid until a final decision is made on your spouse's permanent residence application.

For Spouses of International Students

If your spouse or common-law partner is a full-time student at a designated learning institution (DLI), you may be eligible for an open work permit if:

  • Your spouse/partner holds a valid study permit
  • Your spouse/partner is enrolled full-time at a designated learning institution in:
    • A post-secondary program leading to a degree, diploma, or certificate that is at least 6 months in duration, or
    • A program at the secondary level or higher in Quebec
  • You have valid temporary resident status in Canada

This type of work permit is usually valid for the same duration as your spouse's study permit.

For Spouses of Skilled Workers

If your spouse or common-law partner has a work permit for a skilled position, you may be eligible for an open work permit if:

  • Your spouse/partner holds a valid work permit for a job that is in skill type 0 (managerial), skill level A (professional), or skill level B (technical or trade) of the National Occupational Classification (NOC)
  • Your spouse/partner's work permit is valid for at least 6 months
  • You and your spouse/partner are living together or plan to live together in Canada
  • You have valid temporary resident status in Canada or are applying from outside Canada

This type of work permit is usually valid for the same duration as your spouse's work permit.

General Requirements for All Applicants

Regardless of which category you apply under, all applicants must:

  • Prove their relationship with their spouse or common-law partner (marriage certificate, proof of common-law status, etc.)
  • Demonstrate that they will leave Canada at the end of their authorized stay
  • Meet general admissibility requirements (health, security, criminality)
  • Pay the required application fees
  • Provide biometrics (fingerprints and photo) if required
  • Complete a medical examination if required (usually if you'll be working in healthcare, childcare, or primary/secondary education)

Note that open work permits do not allow you to work for employers who regularly provide striptease, erotic dance, escort services, or erotic massages.

Application Process

How to Apply for a Spousal Open Work Permit

The application process for a Spousal Open Work Permit varies depending on your situation and location. Here's a general overview of the steps involved:

Step 1: Determine Your Eligibility

Before beginning the application process, carefully assess whether you meet the eligibility requirements for a Spousal Open Work Permit based on your specific situation:

  • Spouse of a permanent residence applicant
  • Spouse of a skilled worker
  • Spouse of an international student

Verify that your spouse's status (work permit, study permit, or permanent residence application) meets the requirements for you to be eligible for an open work permit.

Step 2: Gather Required Documents

Collect all necessary documents for your application, which typically include:

  • Completed application forms (Application for Work Permit Made Outside of Canada or Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker)
  • Proof of your relationship (marriage certificate, proof of common-law status)
  • Proof of your spouse's status in Canada (copy of their work permit, study permit, or permanent residence application)
  • Proof of your current immigration status in Canada (if applicable)
  • Valid passport or travel document
  • Passport-sized photos
  • Proof of payment of application fees
  • Additional documents specific to your situation

Step 3: Submit Your Application

The submission process depends on your location and situation:

  • If you're applying from within Canada:
    • Submit your application online through the Immigration, Refugees and Citizenship Canada (IRCC) website
    • If you're applying with a spousal sponsorship application, you can submit both applications together
  • If you're applying from outside Canada:
    • Submit your application online or to the visa application center (VAC) serving your area
    • You may need to provide biometrics at a designated collection point

Make sure to pay the correct application fees, which include the work permit processing fee and, if applicable, the open work permit holder fee.

Step 4: Complete Medical Examination (If Required)

Depending on your country of residence and the type of work you plan to do in Canada, you may need to undergo a medical examination:

  • If you plan to work in healthcare, childcare, or primary/secondary education
  • If you've lived in certain countries for 6 months or more in the past year

The medical examination must be performed by a panel physician approved by IRCC. You'll receive instructions if a medical exam is required after submitting your application.

Step 5: Provide Biometrics (If Required)

Most applicants need to provide biometrics (fingerprints and a photo) as part of their application:

  • After submitting your application, you'll receive a biometrics instruction letter
  • You must provide your biometrics in person at a designated collection service point
  • In Canada, you can provide biometrics at designated Service Canada locations
  • Outside Canada, you can provide biometrics at a Visa Application Centre (VAC)

There is a fee for biometrics collection, which is paid at the time of application submission.

Step 6: Receive Decision and Work Permit

After your application is processed:

  • If approved, you'll receive your work permit
  • If applying from within Canada, the work permit will be mailed to your Canadian address
  • If applying from outside Canada, you'll receive a letter of introduction to present at the port of entry, where you'll be issued your work permit
  • If additional information is needed, IRCC will contact you
  • If your application is refused, you'll receive an explanation for the refusal

Processing times vary depending on where you apply from and your specific situation. You can check current processing times on the IRCC website.

Permit Types

Types of Spousal Open Work Permits

There are several types of Spousal Open Work Permits available, each with specific eligibility criteria and conditions. Understanding the differences can help you determine which option is best for your situation.

For Permanent Residence Applicants

Spousal Sponsorship Open Work Permit

Eligibility
  • Your spouse/partner has applied for permanent residence under the Spouse or Common-Law Partner in Canada class
  • Your spouse's application has been received and is in process
  • You are living with your spouse/partner in Canada
  • You have valid temporary resident status or are eligible to restore your status
Validity Period

This work permit is typically valid until a decision is made on your spouse's permanent residence application. If the permanent residence application is approved, the work permit remains valid until you become a permanent resident.

Key Benefits
  • Allows you to work for any employer in Canada while waiting for permanent residence
  • No need for a Labour Market Impact Assessment (LMIA)
  • Provides financial independence during the processing period
  • Helps you gain Canadian work experience, which can be valuable for future employment
Important Considerations
  • If the permanent residence application is refused, the work permit becomes invalid
  • You must maintain valid status in Canada throughout the process
  • You cannot work for employers who regularly provide striptease, erotic dance, escort services, or erotic massages
For Temporary Residents

Spouse of Work/Study Permit Holder

Eligibility for Spouse of Worker
  • Your spouse/partner holds a valid work permit for a skilled job (NOC 0, A, or B)
  • Your spouse's work permit is valid for at least 6 months
  • You and your spouse are living together or plan to live together in Canada
Eligibility for Spouse of Student
  • Your spouse/partner holds a valid study permit
  • Your spouse is enrolled full-time at a designated learning institution in a post-secondary program leading to a degree, diploma, or certificate that is at least 6 months in duration
  • You and your spouse are living together or plan to live together in Canada
Validity Period

This work permit is typically valid for the same duration as your spouse's work or study permit. When your spouse renews their permit, you can also apply to extend your work permit.

Important Considerations
  • Your work permit is dependent on your spouse maintaining their status
  • If your spouse loses their status or changes to a non-eligible category, your work permit may become invalid
  • You must apply to extend your work permit before it expires if you wish to continue working
Advantages & Restrictions

Benefits and Limitations of Spousal Open Work Permits

While Spousal Open Work Permits offer significant advantages, it's important to understand both their benefits and limitations to make informed decisions about your immigration and employment options in Canada.

Benefits of Spousal Open Work Permits

  • Employment Flexibility: You can work for almost any employer in Canada without being tied to a specific job or location.
  • No LMIA Required: Unlike many other work permits, you don't need a Labour Market Impact Assessment, which simplifies the process.
  • Change Jobs Easily: You can change employers without applying for a new work permit, giving you freedom to pursue better opportunities.
  • Financial Independence: You can contribute to your household income while in Canada, reducing financial strain during the immigration process.
  • Canadian Work Experience: Gaining Canadian work experience can be valuable for future employment and may help with permanent residence applications through other programs.
  • Access to Healthcare: Work permit holders may be eligible for provincial healthcare coverage, depending on the province and length of the permit.
  • Social Insurance Number: You can obtain a Social Insurance Number (SIN) to work legally in Canada.
  • Family Unity: Allows couples to live and work together in Canada, maintaining family unity during immigration processes.

Limitations and Restrictions

  • Dependent on Primary Applicant's Status: Your work permit is tied to your spouse's status in Canada. If they lose their status or their application is refused, your work permit may become invalid.
  • Temporary Nature: The work permit is temporary and must be renewed if your spouse's status is extended.
  • Employment Restrictions: You cannot work for employers who regularly provide striptease, erotic dance, escort services, or erotic massages.
  • Professional Licensing: For regulated professions (healthcare, law, engineering, etc.), you still need to meet provincial licensing requirements, which can be time-consuming and challenging.
  • Limited Duration: The work permit is typically valid only for the duration of your spouse's status or until a decision is made on their permanent residence application.
  • No Guarantee of Permanent Residence: Having a work permit does not guarantee that you or your spouse will be approved for permanent residence.
  • Processing Times: Depending on your location and situation, there may be significant processing times for obtaining the work permit.
  • Renewal Requirements: You must maintain valid status and apply for extensions before your work permit expires.
Challenges

Common Challenges and How to Address Them

Applying for and maintaining a Spousal Open Work Permit can present various challenges. Being aware of these challenges and knowing how to address them can help improve your chances of success.

Proving Your Relationship

Challenge: Immigration officers need to verify that your relationship with your spouse or partner is genuine and not entered into primarily for immigration purposes.

Solution: Provide comprehensive documentation of your relationship, including:

  • Marriage certificate or proof of common-law status
  • Photos together over time
  • Joint financial accounts or shared assets
  • Communication history (emails, messages)
  • Evidence of living together (lease agreements, utility bills)
  • Statements from friends and family confirming your relationship

Processing Delays

Challenge: Work permit applications can take several months to process, which can cause financial strain and uncertainty.

Solution: Plan ahead and consider these strategies:

  • Apply as early as possible, well before you need to start working
  • Ensure your application is complete and accurate to avoid further delays
  • If applying with a spousal sponsorship application, consider applying for the work permit at the same time
  • Check processing times on the IRCC website to set realistic expectations
  • Have sufficient savings to support yourself during the waiting period
  • Consider requesting expedited processing if you face genuine financial hardship

Documentation Challenges

Challenge: Gathering all required documents, especially from different countries, can be difficult. Missing or incomplete documentation can lead to refusals.

Solution: Be thorough and organized with your documentation:

  • Use the document checklist provided by IRCC to ensure you have everything
  • Start gathering documents early, especially those that may take time to obtain
  • Ensure all documents not in English or French are properly translated by a certified translator
  • Include a cover letter explaining any missing documents and why they couldn't be obtained
  • Keep copies of all documents submitted
  • Organize documents in the same order as the checklist for easier processing

Maintaining Status

Challenge: Ensuring you maintain valid status in Canada throughout the application process and while waiting for a decision can be complicated.

Solution: Be proactive about your immigration status:

  • Apply to extend your status well before it expires (at least 30 days, preferably 60-90 days)
  • If your work permit is tied to your spouse's status, ensure they also maintain valid status
  • Keep track of all application and expiry dates
  • If your status is about to expire and you haven't received a decision, you may be eligible for implied status if you applied to extend before the expiry date
  • If your status has expired, look into restoration of status options (must be done within 90 days)

Finding Employment

Challenge: Even with an open work permit, finding suitable employment in Canada can be challenging, especially without Canadian experience or recognized credentials.

Solution: Prepare for the Canadian job market:

  • Have your foreign credentials assessed through organizations like World Education Services (WES)
  • Research licensing requirements if you're in a regulated profession
  • Update your resume to Canadian format and standards
  • Network with professionals in your field through LinkedIn and industry events
  • Consider volunteering or taking short-term positions to gain Canadian experience
  • Utilize employment services for newcomers, which are often free
  • Be open to starting in a position below your previous level while you establish yourself

Application Refusals

Challenge: Work permit applications can be refused for various reasons, including incomplete documentation, concerns about the genuineness of the relationship, or admissibility issues.

Solution: Address potential refusal reasons proactively:

  • Carefully review the eligibility requirements before applying
  • Include a detailed cover letter addressing potential concerns
  • Provide thorough documentation of your relationship
  • Be honest about any previous immigration history or refusals
  • If refused, carefully review the refusal letter to understand the reasons
  • Consider reapplying with additional documentation addressing the refusal reasons
  • Consult with an immigration professional if you've been refused
Our Services

How We Can Help with Your Spousal Open Work Permit

Our team of immigration experts provides comprehensive support for Spousal Open Work Permit applications, helping you navigate the complex immigration process with confidence.

Eligibility Assessment

We conduct a thorough assessment of your situation to determine eligibility for a Spousal Open Work Permit. Our experts analyze factors such as your relationship status, your spouse's status in Canada, and your immigration history to identify the best application strategy and potential challenges.

Application Preparation

We assist with preparing and reviewing all application forms and supporting documents to ensure they meet IRCC requirements. Our attention to detail helps prevent delays or refusals due to incomplete or incorrect applications. We provide guidance on gathering and organizing the necessary documentation to prove your relationship.

Legal Advice

Our immigration experts provide legal advice on complex matters related to work permits, including admissibility issues, previous immigration history, and procedural considerations. We stay updated on the latest immigration laws and policies to provide accurate guidance throughout your application process.

Communication Management

We manage communication with IRCC on your behalf, ensuring timely responses to requests for additional information or clarification. Our professional communication approach helps maintain a positive relationship with immigration authorities throughout the process and keeps you informed of any developments.

Status Maintenance Strategy

We develop a comprehensive strategy to help you maintain valid status in Canada throughout the application process. This includes guidance on when to apply for extensions, understanding implied status, and navigating status restoration if necessary. Our proactive approach helps prevent gaps in your legal status in Canada.

Employment Guidance

We provide guidance on preparing for employment in Canada, including information on credential recognition, professional licensing requirements, and job search strategies. Our team can connect you with resources for resume preparation, interview skills, and networking opportunities to help you succeed in the Canadian job market.

Testimonials

Success Stories from Our Clients

Elena R.
Montreal, QC

When my husband received a job offer from a tech company in Montreal, I was worried about being unable to work during our time in Canada. Apni Immigration guided me through the Spousal Open Work Permit application process, explaining each step clearly. Thanks to their expertise, I received my work permit within 3 months and was able to continue my career as a graphic designer in Canada. Their support made our transition to life in Canada much smoother!

Raj & Priya
Toronto, ON

After submitting our inland spousal sponsorship application, we were confused about how Priya could work legally while waiting for permanent residence. Apni Immigration not only helped us apply for the open work permit but also provided valuable advice on maintaining status and preparing for employment in Canada. When we received a request for additional documentation, they responded quickly and professionally. Priya now has her work permit and is building her career in Canada while we wait for PR approval.

Miguel & Sofia
Vancouver, BC

Our case was complicated because Sofia was already in Canada on a visitor visa when we decided to apply for spousal sponsorship. We were concerned about her status expiring before getting work authorization. Apni Immigration provided expert guidance on timing our applications and helped us prepare a comprehensive package that addressed potential concerns about our relationship. Thanks to their help, Sofia received her open work permit while our sponsorship application was still processing, allowing her to start working and building her career in Canada.

Ready to Work in Canada?

Navigating the Spousal Open Work Permit process can be complex, but you don't have to do it alone. Our expert immigration consultants will assess your situation, identify potential challenges, and guide you through every step of the process.

Schedule a consultation today and take the first step toward working legally in Canada while you wait for permanent residence or during your spouse's temporary stay.

Request a Free Consultation

Contact Info

7895 Tranmere drive, Unit - 216 Mississauga Ontario L5S 1V9 Canada contact@apniimmigration.ca +1 (647) 354 2579

Opening Time

Monday - Friday:

10.00 am to 05.00 pm

Saturday & Sunday

Closed

Our Services

Express Entry Visitor Visa LMIA for Employers Study Permit Spousal Sponsorship Work Permit

Newsletter

Stay updated with the latest immigration news, sponsorship requirements, and application tips. Subscribe to our newsletter for expert advice.

Apni Immigration, All right reserved.