How to get an open work permit for your spouse or partner during the sponsorship process

When sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence, your partner may be eligible to obtain an open work permit (OWP). An open work permit is the solution. The sponsored person can only apply for this OWP after you have submitted your application to sponsor them for Permanent Residence (PR). They must apply for the OWP from within Canada. If your partner gets an OWP, they will be legally allowed to work for most employers, in most initiatives, in Canada. This article breaks down the procedure, step-by-step, so you can easily navigate it. Consider it a bridge connecting your spouse’s aspirations with opportunities, even while their immigration status is pending.

What is an Open Work Permit?

An open work permit allows your spouse or partner to work for any employer in Canada without being tied to a specific job offer. Unlike other work permits, there are no restrictions on the type of work or location. It’s a versatile option that gives financial independence and social integration while waiting for permanent residency. An open work permit enables your spouse or partner to start working immediately, reducing financial stress and helping them adapt to life in Canada.

Who can apply to receive an OWP during the sponsorship procedure?

Both the Spouse or Partner in Canada Class (Inland) and Family Class (Outland) sponsorship appeals allow the sponsored person to apply for an Open Work Permit (OWP) if they are in Canada.

• To be eligible to acquire an OWP, your loved one must be:
• In a genuine relationship with the sponsor;
• Included in an application for PR, and have received an Acknowledgment of Receipt (AOR) for their PR application from Immigration Refugees and Citizenship Canada (IRCC), validating that IRCC has received and is processing the application; and
• Living in Canada with the sponsor.

Individuals who are being sponsored for PR cannot apply for an open work permit under this policy if

• Their PR application has been refused, withdrawn, or returned; or
• They plan to apply for a work permit at a port of entry.

How to apply for an OWP for your loved one

To apply for an Open Work Permit (OWP) for your loved one, start by ensuring they meet eligibility criteria under the spousal sponsorship program. Gather essential documents like proof of relationship, passport copies, and completed application forms. Submit the application online through the IRCC portal or by mail. Pay the required fees and double-check all details for accuracy to avoid delays. Once submitted, track the application status online. An OWP allows your loved one to work in Canada while waiting for permanent residency approval, providing stability and support.

Required Documents for the Application

To ensure a smooth application process, gather the following documents:

• Proof of Relationship (marriage certificate, photos, joint accounts).
• Completed Work Permit Application Form.
• Sponsorship Application Receipt.
• Passport and Valid Identification.

After submitting your application

Your spouse will not be legally approved to work in Canada until they have been issued their OWP—unless they are authorized in some another way.

While your spouse or partner is waiting for their open work permit to be processed, they must hold legal status as a temporary resident in Canada.

If your spouse or partner already holds a Canadian work permit, they can continue working, provided they maintain their status by applying for an Open Work Permit (OWP) before their current work permit expires.

If their application for an OWP is successful, IRCC will send an online confirmation, followed by the work permit by mail. Once your spouse receives the OWP, they can start working without delay.

Frequently Asked Questions (FAQs)

1. Can my spouse work while waiting for sponsorship approval?
   Yes, they can work using an open work permit if eligible.
2. How long does it take to process an open work permit?
   Processing usually takes 3-4 months but can vary.
3. Do we need to hire a sponsorship immigration consultant?
   While not mandatory, consultants can help streamline the process and avoid errors.
4. Can my spouse study on an open work permit?
   No, an open work permit doesn’t grant study rights. A separate study permit is needed.
5. What happens if the application is rejected?
   You can appeal the decision or address the issues mentioned and reapply.