How to Obtain a Spousal Open Work Permit?

Currently, foreign nationals applying for permanent residence (PR) under the Spousal/Common-law Sponsorship Program are eligible to receive a Spousal Open Work Permit (SOWP) as part of the wider family class sponsorship programs, while they await the decision of Immigration Refugees and Citizenship Canada (IRCC).

How Does the Spousal Sponsorship Program Work?

Foreigners who are in a common-law or spousal relationship with a Canadian PR or citizen can apply for the spousal sponsorship program. It allows Canadian PRs and citizens to sponsor their loved ones who may receive PR in Canada if approved by the program.

For the spousal sponsorship program, there are two application processes – inland (for couples living in Canada) and outland (for couples living outside of Canada) – though only inland sponsorships are eligible for the SOWP.

SOWP Benefits

As a sponsor, Canadian citizens/permanent residents must be able to provide financial support for their spouse/partner (among other criteria), covering their basic needs (housing, food, personal hygiene, clothing, daily living items, and medical expenses not covered by public health insurance), and ensuring they do not need government assistance.

IRCC takes approximately 12 months to respond to an application from a sponsor; sponsors must sign an undertaking for three years.

In this case, the SOWP gives foreign nationals being sponsored the opportunity to assist their spouse/partner financially, while simultaneously retaining their current temporary residency status in Canada, which allows them to remain with their loved one. After the SOWP has been approved, it is usually valid for two years.

Sponsorship Eligibility and Sponsorship Benefits

Before considering a SOWP, a few criteria must be met for inland sponsorship through the spousal sponsorship program. Before the application can be assessed, both the Canadian PR or citizen sponsoring their loved one and the foreign national being sponsored must apply and be eligible for the program.

A potential sponsor must:

  • Be a Canadian citizen or PR
  • At least 18 years of age
  • Living with the person being sponsored (at the same address)
  • Legally married (under the law of the jurisdiction where the marriage was registered and under Canadian law) or common-law (cohabiting or were previously cohabiting)
  • Neither be in prison nor charged with a serious offense.

Sponsored foreign nationals must:

  • Be of legal temporary resident status in Canada at the time of applying (visitor, student, or worker);
  • At least 18 years of age;
  • Living with their potential sponsor at the same address;
  • In a spousal or common-law relationship with their potential sponsor; and
  • Not be in prison, charged with a serious offense, or bankrupt.

Outland sponsorship through the spousal sponsorship program accepts conjugal relationships as valid for applications, whereas Inland sponsorship does not.

Following the government checklist and paying the necessary fees, candidates will apply for an inland sponsorship through the spousal sponsorship program once they are determined eligible. Two applications will be submitted simultaneously (one for the sponsor and one for the foreign national to be sponsored).

The SOWP Application Process and Eligibility

To apply for a SOWP, candidates being sponsored must:

  • Have applied for permanent residence through spousal sponsorship
  • Be a spouse or common-law partner of the sponsor
  • Have a valid temporary resident status
  • Applicants must meet all the requirements for spousal sponsorship (listed above)
  • Applicants who meet these criteria can apply for a SOWP by applying for an open work permit (OWP).

In order to apply for both sponsorship and a SOWP at the same time, candidates must first receive an acknowledgment of receipt from IRCC of their spousal sponsorship program application.

Candidates can then receive a SOWP before their application is approved by IRCC, and must wait until they receive the SOWP before beginning work (unless they already have a work permit).

The process of sponsoring a loved one for PR can take a long time and take many steps, but a SOWP can help ease the couple’s burden while giving the foreign national valuable Canadian work experience. In the meantime, they should not be forced to make a choice between working or keeping their legal status even while awaiting IRCC’s decision.

Austin Campbell

Austin has been quite active in the immigration arena since 2010. He has authored over 250 immigration publications, given over 70 presentations, and organized numerous events featuring federal and provincial immigration ministers and leaders from other sectors. He is a graduate of the University of Toronto and Durham University.
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