Canada offers various immigration pathways for spouses and common-law partners of temporary residents or permanent residents. One of the most important permits for them is the Spousal Open Work Permit (SOWP). This permit allows spouses of eligible foreign workers and international students to work in Canada while their partner studies or works.

This blog will cover everything you need to know about a Spousal Work Permit in Canada, including eligibility, required documents, processing times, and fees.

What Is A Spousal Open Work Permit?

A Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of a qualified temporary resident to work in Canada. Unlike employer-specific work permits, this one lets the holder work for any employer in Canada without needing a Labour Market Impact Assessment (LMIA).

This work permit is especially beneficial for families as it provides financial support while the principal applicant studies or works in Canada.

Who Can Apply For A Spousal Work Permit?

To be eligible, the applicant must be the spouse or common-law partner of one of the following:

1. Spouse Of A Skilled Worker In Canada

If your spouse is a temporary foreign worker in Canada, you may qualify for a Spousal Open Work Permit if:

  • Your spouse holds a valid work permit.
  • Your spouse works in a skilled occupation (TEER 0, 1, 2, or 3 under the National Occupational Classification – NOC).
  • Your spouse has a valid job offer or contract.

2. Spouse Of An International Student

If your spouse is studying in Canada, you may qualify for an open work permit if:

  • Your spouse is enrolled in a Designated Learning Institution (DLI).
  • Your spouse is studying a full-time program that leads to a diploma, degree, or certificate.
  • The institution is eligible for a Post-Graduation Work Permit (PGWP).

3. Spouse Of A Canadian Citizen Or Permanent Resident

If you are sponsored under the inland spousal sponsorship program, you may qualify for a Spousal Open Work Permit while your permanent residence application is being processed.

Documents Required For A Spousal Work Permit

When applying for a Spousal Open Work Permit, you need to provide:

1. Identity And Status Documents

  • A valid passport with at least six months of validity.
  • A marriage certificate or proof of common-law relationship (such as shared bank accounts or lease agreements).
  • A copy of your spouse’s work permit or study permit.

2. Proof Of Your Spouse’s Status In Canada

  • A letter from your spouse’s employer confirming their job details (if applying as the spouse of a worker).
  • A letter of enrolment from the Designated Learning Institution (if applying as the spouse of a student).

3. Additional Documents (If Applicable)

  • Proof of previous work experience or education (if required by the visa officer).
  • A medical exam certificate, if working in healthcare, childcare, or agriculture.
  • Police clearance certificates, depending on the applicant’s country of residence.

Application Process For A Spousal Work Permit

Step 1: Gather All Required Documents

Ensure you have all necessary documents, including identity proof, proof of relationship, and your spouse’s status in Canada.

Step 2: Apply Online

Most applications are submitted online through the Immigration, Refugees and Citizenship Canada (IRCC) portal. You will need to create an account, fill out the necessary forms, and upload the required documents.

Step 3: Pay The Application Fees

After submitting the application, you must pay the processing fee. Keep a copy of the receipt for reference.

Step 4: Biometrics Appointment (If Required)

IRCC may ask you to provide biometric data (fingerprints and a photo). If required, you will receive instructions on how to book an appointment at the nearest Visa Application Centre (VAC).

Step 5: Wait For Processing

Processing times vary based on the applicant’s country of residence. You can track your application status on the IRCC website.

Processing Time For A Spousal Work Permit

The time it takes to process a Spousal Open Work Permit depends on several factors, including application volume and the applicant’s country of residence.

On average, processing times are:

  • 4 to 5 months for applicants applying from within Canada.
  • 6 to 12 months for applicants applying from outside Canada.

To avoid delays, submit a complete and accurate application with all required documents.

Spousal Work Permit Fees

Applicants must pay the following fees when applying for a Spousal Open Work Permit:

  • Work Permit Fee: CAD 155
  • Open Work Permit Holder Fee: CAD 100
  • Biometrics Fee (if applicable): CAD 85

Total cost: CAD 255 per applicant (excluding biometrics).

Can You Extend A Spousal Open Work Permit?

Yes, a Spousal Open Work Permit can be extended if the principal applicant (spouse) continues to meet the eligibility criteria.

  • If your spouse is a worker, their job must still be valid.
  • If your spouse is a student, they must still be enrolled in a qualifying program.
  • If applying under spousal sponsorship, you must continue living in Canada together.

Apply for an extension before your current permit expires to maintain legal status in Canada.

Can You Apply For Permanent Residency While On A Spousal Work Permit?

Yes, a Spousal Open Work Permit can be a pathway to permanent residence. Many applicants use the Canadian Experience Class (CEC) under the Express Entry system to apply for PR.

If applying under the Spousal Sponsorship Program, you can apply for permanent residency and work in Canada while waiting for your PR approval.

Key Takeaways

A Spousal Open Work Permit allows spouses of temporary residents in Canada to work legally without restrictions. It provides financial support, enhances work experience, and can be a step towards permanent residency.

To avoid delays, ensure you meet the eligibility requirements, provide all necessary documents, and submit a complete application. Whether you’re applying from inside or outside Canada, this permit can be a valuable opportunity for couples planning to build their future together.

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