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How to Obtain an Open Work Permit for Your Spouse or Partner During Sponsorship in Canada

AdminDec 23

How to Obtain an Open Work Permit for Your Spouse or Partner During Sponsorship in Canada

When sponsoring your spouse, common-law, or conjugal partner for permanent residence in Canada, your partner may be eligible to apply for an Open Work Permit (OWP). This permit allows them to work for most employers in various industries across Canada.

Prerequisites for Applying for an OWP

To apply for an OWP, the sponsorship application for permanent residence (PR) must already be submitted to Immigration, Refugees, and Citizenship Canada (IRCC). Additionally, the sponsored individual must apply for the OWP while residing in Canada.

Benefits of an Open Work Permit

An OWP grants your partner the legal right to work in Canada, offering them financial independence and flexibility while awaiting the outcome of their PR application.

Eligibility Criteria for OWP

Your spouse or partner must meet the following conditions to qualify for an OWP:

  1. Genuine Relationship: Be in a legitimate relationship with the sponsor.

  2. PR Application Receipt: Be included in a PR application and have received an Acknowledgment of Receipt (AOR) from IRCC.

  3. Residence in Canada: Be living in Canada with the sponsor.

Ineligibility for OWP

An OWP cannot be issued if:

  • The PR application has been refused, withdrawn, or returned.

  • The individual intends to apply for a work permit at a port of entry.

Application Process Based on Temporary Status

The procedure for applying for an OWP depends on the temporary resident status of your spouse or partner:

For Those with Valid Temporary Status

Spouses or partners holding a valid temporary resident status (such as a work permit, study permit, or visitor visa/eTA) can apply for an OWP through their IRCC secure account after receiving an AOR for their PR application. In specific situations, such as when temporary resident status is about to expire, IRCC may allow the sponsored person to apply without an AOR if:

  • Their temporary resident status expires in two weeks or less.

  • They have already submitted their PR sponsorship application.

For Those Without Temporary Status

If the sponsored individual does not have temporary status, they must wait until receiving an approval-in-principle letter before applying for an OWP.

Processing Timelines and Additional Information

OWP applications submitted under the Spouse or Common-Law Partner in Canada Class (Inland sponsorship) typically take around four months to process. Visitor visas for sponsored individuals who have received an AOR are often processed more quickly.

Required Documentation

Once your PR sponsorship application is submitted and acknowledged, your spouse or partner must create an IRCC secure account to apply for the OWP online. During the application process, they will receive a personalized checklist outlining the necessary documents.

If using an immigration representative, the representative can submit the application via the Authorized Paid Representative Portal.

How to Fill Out the OWP Application

In the “Details of intended work” section, the following responses should be provided:

  • Box 1: Type of work permit: Select “Open Work Permit.”

  • Box 4: Job title and description:

    • Job title: “SCLPC FC OWP”

    • Description: “SCLPC FC applicant in Canada public policy”

After Submission

Working Status

Your spouse or partner must wait to begin work until they receive the physical OWP. If they already have a valid work permit, they may continue working provided they applied for the OWP before their existing permit expired.

Application Outcome

If the application is approved, IRCC will issue a confirmation online, followed by the physical permit by mail. If refused, IRCC will refund the OWP-holder fee.

Conclusion

By obtaining an OWP, your spouse or partner can benefit from enhanced opportunities while their PR application is processed. Ensure that all requirements are met and that the application is completed accurately to facilitate a smooth process.


Declaration

This content is provided for informational purposes only and does not constitute legal or immigration advice. Immigration policies and procedures are subject to change, and it is recommended to consult with a qualified immigration consultant or legal professional for personalized guidance.