How to Obtain a Spousal Open Work Permit in Canada

Moving to Canada alone isn’t easy, specifically if that means leaving your family back home. If you’re studying in Canada or working in Canada temporarily, you may expect your spouse or common-law partner to join you. Thankfully, if you have a Canadian work permit or study permit, your spouse or common-law partner may also be qualified to work in Canada.

Having your partner with you can deliver crucial moral and financial support to assist you in settling into your new life. In this article, we explain what a spousal open work permit (SOWP) is, the eligibility criteria you or your partner must meet to obtain one, and the process of getting a spousal open work permit in Canada.

What is a spousal open work permit (SOWP)?

A spousal open work permit (SOWP) is designed to allow the spouse or common-law partner of a work permit or study permit holder to work for any eligible employer in Canada. The SOWP is not employer-specific, which means you don’t require a Canadian job offer to use for one. Instead, you can come to Canada and continue your job search after you reach. Unlike employer-specific work permits, open work permits enable you to work for any Canadian employer.

Moreover, employers don’t require a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada to hire applicants who have an open work permit, so it’s somewhat easier for a SOWP holder to find a job in Canada.

Who is eligible for a spousal open work permit in Canada?

To be eligible for a spousal open work permit, you must verify that your spouse or partner holds a valid work or study permit, or is a Canadian citizen or permanent resident. Additionally, you must indicate your genuine relationship and intention to reside together in Canada. The IRCC permits spouses or common-law partners of temporary residents to apply for a spousal open work permit under two LMIA-exemption categories:

If your spouse or partner has a Canadian work permit, you may be eligible to apply for a SOWP under the C41 LMIA-exemption type. Most work permit categories are accepted for this exemption, including open work permits, such as post-graduate work Permits (PGWPs), Bridging Work Permits (BOWPs), and employer-specific work permits.

If your spouse or partner has a Canadian study permit and is a full-time student, you may be qualified to apply under the C42 LMIA exemption class. In most cases, your partner must be enrolled in a study program that allows them to prepare for a Post-Graduation Work Permit after they graduate.

As the spouse of a work permit or study permit holder, these two categories make the process of applying and a work permit easier for you. If you apply under either category, you are not required to submit a Labour Market Impact Assessment or proof of a request for employment from an employer.

Benefits of Spousal Open Work Permit

The benefits of a spousal open work permit are numerous and can significantly enhance the experience of accompanying a spouse or partner in Canada. Some key benefits include:

Freedom to Work: With a spousal open work permit, individuals have the freedom to work for any employer in Canada without the need for a job offer or employer sponsorship. This flexibility allows spouses to pursue career opportunities that align with their skills and interests.

Financial Independence: By gaining the ability to work, spouses can contribute financially to their household, easing financial burdens and enhancing overall financial stability for the family unit.

Professional Development: Working in Canada provides spouses with valuable professional experience and exposure to the Canadian job market. This can lead to skill development, career advancement opportunities, and networking connections for future career prospects.

Integration and Socialization: Working in Canada allows spouses to integrate into Canadian society more effectively. Engaging in the workforce provides opportunities for socialization, networking, and cultural exchange, facilitating a sense of belonging and community involvement.

Healthcare Benefits: In many cases, individuals holding a spousal open work permit may be eligible for access to Canada’s publicly funded healthcare system, providing peace of mind and access to essential healthcare services for themselves and their families.

Pathway to Permanent Residency: Gaining Canadian work experience through a spousal open work permit can enhance eligibility for permanent residency under various immigration pathways, such as the Canadian Experience Class or Provincial Nominee Program.

Overall, a spousal open work permit offers spouses or partners accompanying their loved ones in Canada the opportunity to build a fulfilling life, both personally and professionally, while contributing positively to the Canadian economy and society.

FAQs:

Can I apply for a spousal open work permit from within Canada?

Yes, eligible applicants can apply for a spousal open work permit from within Canada, provided they meet the necessary criteria and have valid status.

Is there a fee for applying for a spousal open work permit?

Yes, there is an application fee associated with applying for a spousal open work permit. Check the IRCC website for the most up-to-date fee information.

How long does it take to process a spousal open work permit application?

The processing time for spousal open work permit applications can vary. It’s essential to submit a complete and accurate application to minimize processing delays.

Can I include my dependent children on my spousal open work permit application?

In most cases, dependent children can be included on a spousal open work permit application. Ensure you provide all necessary documentation for each family member.

Can I travel outside Canada while holding a spousal open work permit?

Yes, you can travel outside Canada and re-enter while holding a valid spousal open work permit. However, ensure you have all necessary travel documents and meet entry requirements upon return.