Canada’s Spouse Open Work Permit

Canada's Spouse Open Work Permit (SOWP)

If your spouse is presently employed or enrolled in studies in Canada, or if you've applied to be sponsored for permanent residency by your spouse or partner in Canada, you could qualify for an open work permit.

What is a Spouse Open Work Permit Canada (SOWP)?

The Spouse Open Work Permit Canada (SOWP) is a special type of work permit issued to individuals with spouses in Canada. Foreign nationals (principal applicants) in Canada may fall into one of three categories:

They are studying in Canada in master’s and doctoral programs and hold a valid study permit.
They are foreign skilled workers in Canada and hold a valid work permit.
They are business owners/entrepreneurs working as a “high skilled worker” in Canada.

The “open” nature of the spousal open work permit in Canada means the holder can work for any employer in the country. The validity length of their work permit typically coincides with the validity date of their spouses’ work permit or study permit.

Eligibility for Spouse Open Work Permit

In Canada, individuals seeking a spouse open work permit may include those who have applied to be sponsored by their spouse or whose spouses are already in Canada on a study or work permit. The eligibility criteria for obtaining a spouse’s open work permit vary based on the type of status held by the applicant’s spouse in Canada. Please refer to the table below for further details.

Category	Details	Work Permit Applicant’s NOC Skill Level	Work Permit Applicant’s Work Permit Length (Minimum)
Spouses and common-law partners of foreign nationals with study permits	Applicants can apply for a SOWP (under section C42) if their spouse is enrolled in Canadian master’s or doctoral programs. However, they cannot apply for a SOWP if they hold a study permit.	N/A	N/A
Spouses and common-law partners of individuals with work permits or provincial nominations	Applicants may apply for a SOWP (under section C41) if their spouse holds a work permit and/or a provincial nomination.	Any NOC skill level	6 months
Spouses and common-law partners of foreign workers under the Atlantic Immigration Program (AIP)	Applicants are eligible for a SOWP (under section C41) if their spouse has applied for Canadian permanent residence and holds a work permit obtained during their AIP application process.	NOC TEER 0, 1, 2 or 3	6 months
Spouses and common-law partners of individuals with Quebec selection certificates (CSQ)	Applicants can apply for a SOWP (under section C41) if their spouse has been selected for Quebec immigration and holds a Quebec Selection Certificate.	Any NOC skill level	6 months
Spouses and common-law partners of individuals with bridging open work permits (BOWP)	Applicants qualify for a SOWP (under section C41) if their spouse holds a bridging open work permit. While the spouse must be in Canada, the applicant can be anywhere.	Varies based on the applicant’s program	6 months
Spouses and common-law partners of individuals with open work permits (excluding BOWP)	Applicants may hold a SOWP (under section C41) if their spouse holds an open work permit through various programs like the International Mobility Program or Post-Graduation Work Permit.	NOC TEER 0, 1, 2 or 3	N/A
Spouses and common-law partners of permanent residents sponsored under the Spousal Sponsorship Program	Applicants become eligible for a SOWP upon receipt of their Acknowledgement of Receipt (AoR).	N/A	N/A

Is it possible for me to apply for an open work permit if my spouse or partner has initiated the sponsorship process for me?

To qualify for a spousal sponsorship open work permit, you must have applied for permanent residency sponsorship from within Canada through the in-Canada stream of the spousal sponsorship program.

Here’s what you need to know based on your application status:

If you haven’t submitted your sponsorship application:

- You can submit your sponsorship, permanent residence, and open work permit applications together in a single envelope in hard copy.
- Ensure all supporting documentation and required proof of payments for all applications are included.
- Submit your applications to the Case Processing Centre in Mississauga (CPC-M), Ontario.
If your permanent residence application is submitted but not yet approved in principle:
- You may submit the open work permit application in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.
If your permanent residence application has received approval in principle:
- You can submit the open work permit application online or in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.

It’s important to note that approval in principle (AIP) indicates that your permanent residence application has met the eligibility requirements, but it hasn’t completed processing for medical exams and security/background checks. While this is a significant step, permanent residency may still be denied after receiving AIP.

Additionally, you must have valid status in Canada (visitor, student, worker, etc.) to submit a work permit application alongside your permanent residence application. If you’re out of status, you must wait until your permanent residence application receives AIP to submit your work permit application.

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Requirements for Spouse Open Work Permit Canada (SOWP)

To qualify for the SOWP Canada, prospective applicants must fulfill the following requirements:

Genuine Relationship:

- Applicants must demonstrate the authenticity of their relationship with their spouse. This involves proving that the marriage was not entered into solely for the purpose of obtaining temporary residence in Canada. Evidence of the relationship and cohabitation for at least one year is required.
Valid Temporary Resident Status Holder:
- The spouse residing in Canada must maintain valid temporary resident status. For instance, if they are employed, they must possess a valid work permit. Similarly, if they are studying, a valid study permit is necessary.
Primary Foreign National’s Resident Status Time Remaining:
- The spouse in Canada must have a minimum of 6 months remaining on their work permit or study permit at the time of the applicant’s SOWP application.
Occupation Type:
- Applicants are eligible for a SOWP if their spouse in Canada is employed in occupations categorized under TEER (0, 1, 2, 3, 4, or 5). Alternatively, eligibility extends to spouses holding open work permits or those who have applied for permanent residence while possessing a work permit.

Document Checklist for Spousal Open Work Permit Application

Individuals planning to apply for a Spousal Open Work Permit must compile and provide the following documents:

Inviter’s Documents:

Copy of the inviter’s passport, including pages with visa stamps
Copy of the inviter’s study permit or work permit, if applicable
Enrollment confirmation from a Designated Learning Institution, if applicable
Proof of Canadian employment, if applicable
Evidence of the inviter’s address in Canada
T4 tax remuneration slip
Bank statements for the last four months

Applicant’s Documents:

Valid passport
Passport-size photographs meeting IRCC’s photo requirements
Proof of employment
Marriage certificate or other documents proving the relationship
Evidence of sufficient funds to support the applicant’s stay in Canada
Medical exam clearance certificate
Police clearance certificate

Spousal Open Work Permit Application Procedure

The application process for a spousal open work permit involves the following steps:

Assess Eligibility

The applicant should review the work permit application guide to determine the necessary forms and instructions for completion.

Collect Required Documents

Ensure all necessary documents are gathered for the application and scan them to create digital copies.

Complete Application Forms

Create a secure account on Immigration, Refugees, and Citizenship Canada’s (IRCC) online portal. Fill out the forms online, referring to the application guide as needed. Sign and date the forms upon completion.

Pay Fees and Submit Application

Pay the application processing fee and submit the application and accompanying documents online.

Await Processing

Wait for the application to be processed, with processing times varying based on application volume and permit type. Additional information or an interview may be requested during this period.

Receive Decision

Wait for the application to be processed, with processing times varying based on application volume and permit type. Additional information or an interview may be requested during this period.

Spousal Open Work Permit Application Fee

Applicants for a spousal open work permit are required to pay a total fee of $340 for their application processing. This amount includes the following components:

Processing Fee: $155
Open Work Permit Holder Fee: $100
Biometrics Fee: $85

Please be aware that fees are subject to change, and it is advisable to consult the official Government of Canada website for the latest updates on SOWP application fees.

Validity of Spousal Open Work Permits

The duration of a spousal open work permit is contingent upon several factors, primarily determined by the expiration date of the foreign national’s study permit or work permit.

If the foreign national’s study permit or work permit is due to expire within the next three months, the spouse’s open work permit will also expire after three months. Should the foreign national extend their study permit or work permit, the spouse will be required to apply for a new open work permit accordingly.

Advantages of Spousal Open Work Permits

Obtaining a spousal open work permit can offer several significant advantages for individuals looking to work in Canada alongside their spouse. Let’s explore these benefits:

Exemption from LMIA Requirement: Securing a job offer from a Canadian employer typically requires a Labour Market Impact Assessment (LMIA), a complex process proving the need for hiring a foreign worker. However, spousal open work permit applicants are exempt from this requirement, eliminating the need to secure a Canadian job offer beforehand.
Flexibility in Employment: Holders of spousal open work permits enjoy the freedom to work for any employer in Canada, unlike employer-specific work permits that restrict employment to a single employer. This flexibility allows applicants to explore various job opportunities without feeling tied down.
Aligned Validity Period with Principal Applicant: The spousal open work permit’s validity duration aligns with that of the principal applicant’s work permit or study permit. This ensures that spouses can remain together in Canada without facing the risk of separation due to differing permit expiration dates, providing stability and peace of mind.
Emotional Support and Togetherness: Living apart from a spouse in a foreign country can be emotionally challenging. The spousal open work permit enables couples to stay together in Canada, offering mutual emotional support and enhancing the overall quality of life.
Pathway to Permanent Residence: By acquiring valuable Canadian work experience through a spousal open work permit, individuals become eligible to apply for permanent residency through programs like the Canadian Experience Class. This pathway not only facilitates integration into Canadian society but also opens avenues for sponsoring their partner for permanent residency, fostering long-term settlement in Canada.

In essence, the spousal open work permit serves as a valuable tool for couples seeking to work and build a life together in Canada, offering flexibility, stability, and opportunities for long-term residency and mutual support.

Common Reasons for Spousal Open Work Permit Rejection

Several factors could lead to the rejection of a spousal open work permit application. Below are six prevalent reasons:

Principal Applicant Residing Outside Canada

For the application to be valid, the sponsoring spouse must reside in Canada under eligible legal status. If they are residing outside Canada, the application may be declined.

Lack of Evidence of Enrollment in a Designated Learning Institute (DLI)

If applying as a spouse of a student, it's crucial to provide proof that the sponsoring spouse is enrolled in a Canadian DLI and actively attending classes. Failure to include this evidence may result in refusal.

Inadequate Proof of Sufficient Funds

If the reviewing officer doubts that the applicant and their spouse have enough financial resources to support themselves during their stay in Canada, the application could be refused. Including comprehensive financial documentation is essential to demonstrate financial stability.

Missing Evidence of Spouse's Employment

When applying based on the spouse's employment, it's vital to submit supporting documents verifying their employment in Canada.

Insufficient Ties to Home Country

Immigration officers must be convinced that the applicant will depart Canada before the end of their authorized stay. Providing evidence of ties to the applicant's home country is crucial. Failure to do so may lead to rejection.

Lack of Proof of Genuine Relationship

Since the spousal open work permit hinges on the authenticity of the relationship, it's essential to provide compelling evidence of its genuineness. If the visa officer is unconvinced about the authenticity of the relationship, the application may be refused.

Other International Mobility Program

Canada’s Spouse Open Work Permit