If your spouse is presently working/ studying in Canada or if you have applied to be sponsored for PR by your spouse/ partner in Canada, you might be eligible for a Spousal Open Work Permit. 

Moreover, suppose a foreign national is successful in their work permit application. In that case, they will be issued an OWP authorizing them to work for multiple employers in any location in Canada while their PR application is processing or while their spouse/ common-law partner has valid status in Canada. The application procedure for a Spousal Open Work Permit varies depending upon the status of the applicant in Canada or the stage of their permanent residency application. 

Foreign nationals cannot work in Canada without appropriate authorization. Engaging in any form of employment without the proper work permit is unlawful & can jeopardize future immigration applications. 

Stick to this guide for more information on Spousal Open Work Permit. 

What Is A Spousal Open Work Permit?

A SOWP is a permit issued to a temporary Canadian permit holder’s spouse or common-law partner. The permit enables the spouse to work in Canada. 

Spouse/ Common-Law Partners in Canada can apply for visas under the below programs: 

• Spouses or Common-Law Partners Of Skilled Workers: 

Under this program, spouses/ common-law partners of skilled workers working in Canada or wanting to come to the nation can apply for an open work permit, even without an employment offer. Moreover, a dependent spouse/ common-law partner can apply for an OWP under LMIA exemption code C41 if the principal work satisfies the following requirements: 

• Holds a work permit with six months of validity
• Planning/ residing visibly in Canada while working
• Employed in a job that falls under NOC

• Spouses/ Common-Law Partners Of Full-Time Students: 

Full-time students can apply for a Spousal Open Work Permit in Canada. Also, a dependent spouse or common-law partner can apply for an open work permit under LMIA exemption code C42 if the principal worker is a full-time student & holds a study permit at: 

• A public post-secondary institution
• A private post-secondary institution
• A private/ public secondary/ post-secondary institution
• A private institution of Canada which is authorized by provincial statute     

Who Can Apply For A Spousal Open Work Permit? 

Individuals who are sponsored by their spouse or those whose spouses are in the nation on a study/ work permit might be able to apply for a Spousal Open Work Permit. 

Category	Principal applicant’s occupational skill level requirement	Principal applicant’s minimum work permit length
Spouses/ common-law partners of Atlantic Immigration Program (AIP) work permit holders	TEER 0, 1, 2 or 3	6 months
Spouses/ common-law partners of Quebec selection certificate (CSQ) holders	Any occupational skill level	6 months
Spouses/ common-law partners of provincial nominees	Any occupational skill level	6 months
Spouses/ common-law partners of bridging open work permit (BOWP) holders	Varies depending on the program the principal applicant applies under	6 months
Spouses/ common-law partners of open work permit holders other than BOWP (incl. PGWP, IEC)	TEER 0, 1, 2 or 3	N/A
Spouses/ common-law partners of study permit holders	N/A	N/A
In Canada, spousal/common-law sponsorship applicants	N/A	N/A

 

Benefits Of Spousal Open Work Permit

Here are the benefits of SOWP. Take a look!

• Work In Canada While Waiting:

The SOWP enables its applicants to stay in the nation while waiting for a decision. It can take IRCC around 12 months to process an application.

• Live With Your Partner In Canada:

Applicants get to live with their spouses even though their sponsorship application is still pending. 

• Earn In Canadian Dollars:

Applicants get an opportunity to earn in Canadian dollars by applying for SOWP. One also gets to experience a good quality of life & an advanced living standard. 

• Choose Your Employer:

Unlike closed work permits, SOWP gives one an alternative to choose one’s employer in Canada. 

• Get Preferred Over LMIA:

Employers prefer hiring from SOWP holders as they do not require an LMIA. 

• Gain Canadian Work Experience:

Even before becoming a Permanent Residence in Canada, getting relevant work experience there will help one’s career growth. Getting relevant work experience in Canada helps to earn higher incomes. 

Eligibility Criteria For Spousal Open Work Permit

• Be married to your spouse or have a valid common-law relationship
• Have been legally married for a minimum of one year
• The principal candidate must possess a valid work or study permit 
• Not criminally or medically inadmissible to Canada

Requirements For Spousal Open Work Permit

• Relationship With The Spouse Or Partner:

The SOPW applicants must be in a genuine relationship with a spouse, PR, or qualifying foreign national. 

• Valid Work/ Study Permit: 

The applicant’s spouse/ common-law partner must hold a valid study/ work permit in Canada. 

• Not Criminally/ Medically Inadmissible To Canada:    

Neither the principal applicant nor spouse/ common-law partner has criminal/ medical inadmissibility to enter Canada.  

Document Checklist For Spousal Open Work Permit

The documents needed for a spousal work permit will depend on the category you are applying under. Applicants might need to provide the following documents as part of their work permit application: 

• Acknowledgement of receipt letter
• Provincial nomination certificate
• Quebec acceptance certificate
• Complete application forms
• Proof of status in Canada
• Marriage certificate or proof of common-law status 
• Proof of relationship to the principal applicant 
• Valid passport copy
• Medical exam results
• Proof of payment for applicable government fees 

Conclusion 

The Spousal Open Work Permit serves as an integral instrument in fostering family reunification & economic empowerment. This unique immigration program enables spouses of Canadian temporary permit holders to work for any employer in Canada. 

Well, the permit not only supports the financial stability of families but also promotes social integration & community cohesion. Thus, SOWP helps strengthen familial bonds & enhances the socio-economic equation of the nation.