Thinking about living together again in Canada while your loved one studies/works, but are confused about changing immigration policies? Look no further. The open work permit for spouses, or Spouse Open Work Permit (SOWP), is a special Canadian immigration option that allows partners of eligible international students and temporary foreign workers to obtain their own work permit valid across Canada. With an open work permit, you can work for just about any employer in any industry. There’s no need for a Labor Market Impact Assessment (LMIA).

 

Canada has since updated its temporary residency system over the past couple of years. In efforts to maintain sustainability in the growth of Canada’s temporary residents, IRCC has implemented stricter eligibility requirements. If you want to navigate Canada’s new immigration policies successfully, you need to understand these changes. Immigration policies are constantly changing and can be difficult to keep up with. That’s where we come in. Western Overseas works diligently to stay informed about current immigration laws so we can ensure your application complies with the most recent guidelines.

 

Ready to start planning your family’s future in Canada? Click here to Book Free Counselling.

 

What is a Spousal Open Work Permit?

 

An open work permit for spouse is a work permit issued by Immigration, Refugees and Citizenship Canada (IRCC) that grants the spouse/common-law partner of an eligible student or worker in Canada legal authorization to join the workforce. Because holders of this permit are not required to have a valid job offer already, they can work for any employer in most job categories.

 

Who is Eligible for a Spousal Open Work Permit?

 

Effective December 2019, IRCC has implemented new rules defining who can receive an SOWP. There is no longer a universal eligibility. Spousal open work permit eligibility now depends on whether the primary applicant (student or worker) is in Canada as an International Student, a Temporary Foreign Worker, a Post-Graduation Work Permit Holder, or a Permanent Residence applicant.

 

1. Spousal Open Work Permit for Students

 

The process for acquiring a spousal open work permit for students has undergone the most changes. In order to qualify to sponsor your spouse to work in Canada, the primary international student must be studying:

 

• Master’s Degree programs: Minimum duration of 16 months or more.
• Doctorate-level (includes PhD) programs: All current students qualify.
• Certain Professional Programs: The student must be enrolled in a high-demand program in Canada. This includes, but is not limited to, degrees in Healthcare (Doctor of Dental Surgery, Medicine, Nursing), Education (Bachelor of Education), and Engineering (Bachelor of Engineering/B.Eng/BASc).

 

Please note: Spouses of students in undergraduate degree programs (bachelor’s), college diplomas, and certification courses are NOT eligible to apply for an open work permit.

 

2. PGWP Spouse Open Work Permit

 

If the primary applicant is in Canada on a Post-Graduation Work Permit, there are certain rules that must be followed to obtain an PGWP spouse open work permit. In order for your spouse to receive an SOWP, the PGWP holder must: 

 

• Have a valid PGWP with at least 16 months remaining at the time the application is processed by IRCC.
• Live in, or intend to live in, Canada while working.
• Have an active job offer or are currently employed in a high-skilled occupation. This includes NOCs that fall under the TEER category 0 (Management) or 1 (Professional). Some TEER 2 or TEER 3 jobs qualify, but only if they are in high demand by the Canadian government. These jobs are typically found in Healthcare, Natural Sciences, Applied Science, Construction, Natural Resources, Education, or Military fields.

 

3. Spouses of Temporary Foreign Workers

 

In order to qualify for an open work permit for spouse through employment, the main applicant (TFWP or International Mobility Program Worker) must:

 

• Have a valid work permit with at least 16 months remaining at the time of application.
• Be working in a qualifying high-skilled job. Much like the PGWP rules above, the work must fall under NOC TEER 0, 1, 2, or 3 categories. Low-skilled workers (TEER 4 or 5) will not be eligible unless working in a qualifying Provincial Nominee Program stream or in a specific career eligible for permanent residence.

 

Please note that some TEER 3 jobs may still qualify for an SOWP. Only jobs in high demand by the Canadian government.

 

4. Spouses of Permanent Residence Applicants

 

If you are applying for Permanent Residence from inside Canada through either the Spouse or Common-Law Partner in Canada Class (SCLPC) or Family Class, you can get an open work permit provided you:

 

• Live with your partner in Canada.
• Have a valid status in Canada (visitor record, study permit, or a valid work permit).
• Have applied for Permanent Residence and received an AOR letter. This confirms that IRCC has received your application and is currently being processed.

 

Documents Needed to Apply for Spouse Open Work Permit

 

As with any other application, make sure you have all the required documents ready before you begin. This ensures quick processing by IRCC and prevents any unnecessary delays. Documents proving the relationship between you and the primary applicant will be required, as well as proof that the student/worker is currently in a valid status. 

 

Here is a general list of required documents for applying for open work permit in Canada for your spouse.

 

Proof of Relationship

 

• Official Marriage Certificate OR IMM 5,409 Declaration stating you and your partner have lived together for a consecutive period of 12 months or more.
• Payments (Rent, Bills, etc.) in the applicant's name with your name on them. It is highly recommended for common-law applicants

 

Proof of Principal Applicant's Status

 

• Students: Valid Study Permit, Letter of Enrolment from Designated Learning Institution, school transcripts, letter stating duration of program.
• Workers/PGWP HOLDERS: Valid Work Permit or POE Letter of Introduction, Job Offer Letter detailing their employment responsibilities and skill level (NOC/TEER code), recent paystub, and a Letter of Employment from your employer.

 

Costs Associated with Applying for an Open Work Permit

 

As with all Canadian immigration services, you will be required to pay a fee when you apply. Spousal open work permit fees can be paid online (via credit or debit card) at the time of application. Fees associated with an SOWP include:

 

• Work Permit Application Fee: $155 CAD processing fee for all Canadian work permits.
• Open Work Permit Holder Fee: $100 CAD additional fee for open work permits only.
• Biometrics Fees: $85 CAD if you are required to submit biometrics.
• Total Cost: Between $255 CAD - $340 CAD.

 

If your spouse is required to get an Immigration Medical (IMM), which is required if working in Healthcare, Daycare, Education sector, or if you have lived in a listed country for over 6 months, you will be required to pay additional fees directly to the examining doctor.

 

How Long Does it Take to Process a Spousal Open Work Permit?

 

Depending on whether you are applying from inside or outside of Canada, and where you live, it takes IRCC different amounts of time to process your applications. 

 

Here are some estimated spousal work permit processing time frames.

 

• Outside of Canada Processing Times

 

When applying from outside Canada, it can take IRCC anywhere from 8 weeks to 5 months to process an application. Processing times differ depending on which country you are applying from. If you are the spouse of a PhD student and are applying with them, you may qualify for faster processing times.

 

• Inside Canada Processing Times

 

If you are currently in Canada (either on a visitor record, looking to switch statuses or applying for a valid work permit), it can take IRCC an average of 3-4 months to receive a decision on your application.

 

When looking to apply for an open work permit for spouse, make sure you apply before your current permit expires. This way, you are considered to be in “maintained status” while you await your application decision. This allows you to legally stay in Canada under the same conditions as when you applied, ie, you can’t travel until your application has been processed.

 

How to Apply for a Spousal Open Work Permit

 

Canadian work permits can be submitted online through a series of portals. Below are the basic steps to follow when applying for open work permit in Canada for your spouse.

 

1. Create an account on the IRCC Citizenship Website (GCKey/Sign-In Partner).
2. Complete a Preliminary Eligibility Quiz
3. Upload all necessary documents (IMM 5710, IMM 1295, bank statements, etc.). Make sure you take clear pictures of any documents and translate any documents that aren’t in English or French.
4. Pay $255 CAD (work permit fee + open work permit holder fee).
5. If required, visit a Visa Application Centre (VAC) or Service Canada office to submit your biometrics within 30 days of receiving your appointment letter.

 

Common Mistakes to Avoid When Applying

 

Often, applications are delayed or denied because of silly mistakes. Here are some things to keep in mind when preparing your application for spouse open work permit:

 

• Making sure the NOC of the Primary Applicant is Correct: If you are the spouse of someone with a PGWP, be sure to have proof that their job is classified under TEER 0,1,2, or 3. Otherwise, your application will be refused immediately.

 

• Not Including Enough Proof of Your Relationship: Although a marriage license or common-law document may be enough to prove your relationship to IRCC, it’s always a good idea to provide more proof. Photos together, vacations, bank accounts are great ways to show you’re real!
• Not Giving your Partner the 16-Month Buffer: Your partner must have at least 16 months remaining on their permit when you submit your application. Otherwise, you risk delaying your application.

 

Canadian immigration law is constantly changing to adapt to real-time situations. For that reason, it’s important to ensure your application is complete and meets all requirements set forth in the most current guidelines.

 

Our licensed immigration consultants at Western Overseas are here to help you navigate these ever-changing processes with ease. We pride ourselves on taking the time to assess your unique case and leave no stone unturned when helping you and your family through Canada’s complicated immigration policies.

 

So, start your journey towards uniting with your spouse in Canada with us. 

 

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