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Open Work Permit for Sponsored Spouses or Common-Law Partners in Canada

Open Work Permit for sponsored spouses or common-law partners

The Open Work Permit for sponsored spouses or common-law partners (SPCL) allows individuals who are being sponsored for permanent residency to work while their application is being processed. This type of permit supports family reunification and provides financial stability during the PR application process.

Key Information

Work Permit
  • Eligibility: You must be living in Canada, have valid temporary resident status, and be included in a sponsorship application for permanent residency.
  • Validity: The permit is typically valid for the duration of the PR application process.

Eligibility Criteria

Spouses or Common-Law Partners Living in Canada:
  • You must be living with your Canadian sponsor in Canada.
  • Your sponsor must have submitted a complete application for permanent residence under the Spouse or Common-Law Partner in Canada Class (SCLPC).
  • You must be included in an application for permanent residence
  • You must be in a genuine relationship with your sponsor.
  • You must have an Acknowledgement of Receipt (AOR) letter confirming that your permanent residence application is being processed.
Dependent Children:

Accompanying dependent children of the principal applicant may also be eligible for an OWP if they meet specific criteria:

  • They must be living in Canada with the principal applicant and the sponsor.
  • They must be included in the permanent residence application.
  • They must meet specific criteria (under the age of 22 yrs, unmarried and be financially dependent on principal applicant and/or sponsor)
Eligibility Exceptions:
  • You cannot apply for an OWP if your application for permanent residence has been refused, withdrawn, or returned.
  • You cannot apply for a work permit at a port of entry.
Special Cases:
  • Without an AOR: If your work permit, study permit, or temporary resident status will expire in 2 weeks or less and you’ve applied for permanent residence under certain classes (such as the SCLPC or family class), you may still be eligible to apply for an OWP.

How to Apply

Important Considerations

Maintained Status

Apply for the OWP before your current status expires to maintain your legal status in Canada.

Work Flexibility

OWP holders can work for any employer in Canada.

Rejection or Withdrawal

You cannot apply for an OWP if your PR application has been refused, withdrawn, or returned.

Open Work Permit for Sponsored Spouse or Common-Law Partner

Can I apply for Open Work Permit for Sponsored Spouse or Common-Law Partner from outside Canada?

No, the Open Work Permit under the Spouse or Common-Law Partner in Canada Class is for individuals living in Canada with their sponsor.

How do I apply for a Open Work Permit under the Spouse or Common-Law Partner in Canada Class with valid temporary resident status?

If you have valid temporary resident status and have received your Acknowledgement of Receipt (AOR) letter, you can apply for an Open Work Permit online through the IRCC secure account.

Can I apply for a Open Work Permit under the Spouse or Common-Law Partner in Canada without an AOR?

Yes, you can apply for an Open Work Permit without an AOR if your current status (work permit, study permit, or temporary resident status) is expiring soon and you meet specific criteria. You will need to provide:

  • Proof of your valid temporary resident status, such as a valid work permit, visitor record, or study permit.
  • Proof that you have applied for permanent residence.

What documents do I need to provide when applying for a Open Work Permit under the Spouse or Common-Law Partner in Canada Class with an AOR?

When applying with an AOR, you need to provide:

  • The AOR letter confirming your permanent residence application is being processed.
  • Proof of your valid temporary resident status, such as a valid work permit, visitor record, or study permit.
  • Proof of your genuine relationship with your sponsor (marriage certificate or common-law union declaration).

What if my temporary resident status is about to expire and I don't have an AOR yet?

If your status is expiring soon, you can still apply for a work permit if you provide:

  • Proof of your current status (work permit, study permit, or visitor record).
  • Evidence that you have submitted your permanent residence application (such as the confirmation email from IRCC).

Can my dependent children also apply for an Open Work Permit?

Yes, accompanying dependent children of the principal applicant may be eligible for an Open Work Permit if they meet the specific criteria and are living in Canada with the principal applicant and the sponsor.

Learn More About Open Work Permits for Sponsored Spouses and Common-Law Partners

If you need professional guidance to navigate the complexities of open work permits, our experienced team at SAAB Immigration Services Inc. is here to help. Book an appointment with us today and ensure your application is handled with expertise and precision.

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