When sponsoring your spouse for Canadian permanent residence, your partner might be eligible to obtain an open work permit. The sponsored person can only apply for an open work permit (OWP) after you have submitted your application to sponsor them for permanent residency. Moreover, if your partner obtains an OWP, they can work for most of the employers in most industries in Canada. Today, we will discuss how you can get an OWP for your spouse during sponsorship process. 

So, let us begin!

Who Can Apply To Obtain An OWP During The Sponsorship Process? 

The spouse/ common-law partner in Canada Class (Inland) and Family Class (Outland) sponsorship applications give the sponsored person the ability to apply for an Open Work Permit if they are in Canada. 

In order to be eligible to obtain an OWP, your loved one must be: 

  • In a genuine relationship with the sponsor.
  • Included in an application for PR and have obtained an Acknowledgement of Receipt for their PR application from IRCC. This will confirm that IRCC has obtained and is processing the application.  
  • Living in Canada with the sponsor. 

Individuals who are under the sponsorship process for PR cannot apply for an OWP under this policy if:

  • Their PR application has been refused, returned, or withdrawn.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

This process is different depending on whether the sponsored person has a valid temporary resident status in Canada or not. 

Spouse Or Partner’s Temporary Status Procedure 
The spouse or partner has valid temporary status (Work permit, study permit, or visitor visa/electronic travel authorization (eTA))Spouses or partners with valid temporary resident status can apply for an OWP through an IRCC secure account, once they receive an Acknowledgement of Receipt (AOR) from IRCC regarding their PR sponsorship application.
In special circumstances, IRCC may allow the sponsored person to apply for a work permit without an AOR if:
– Their temporary resident status is set to expire in two weeks or less; and
– They have already submitted their application to be sponsored for PR.
Spouse does not currently have temporary status in CanadaIf the spouse or partner being sponsored does not currently have temporary status, they must wait until they’ve received an approval in principle letter prior to applying for an OWP.
In addition, the sponsored person cannot apply for an OWP under any other public policy or pilot program.

If you have applied to sponsor your spouse or partner through the spouse or common-law partner in Canada Class and have submitted an application for an OWP, the OWP application will typically be processed within four months. 

If you have submitted your application for sponsorship and have obtained an AOR from IRCC, your spouse or partner might be eligible for faster processing of their visitor visa. As long as your loved one has submitted their application and obtained an AOR from IRCC, your spouse or partner can obtain expedited processing on their visitor visa automatically. 

Applications that need more information might take longer for the immigration department to process. 

Once the sponsored person has gained temporary resident status, they might be eligible to apply for an OWP after arriving in Canada. 

How To Apply For An Open Work Permit For Your Loved One?

In order to get an OWP for your spouse during sponsorship process, you need to apply for one. 

Once a PR application has been submitted, spouses have to sign in/ create an IRCC secure account to apply online. 

Once signed into a secure account, your loved one must answer questions about their present situation and what kind of work permit they want to apply for to obtain a personalized document checklist. This checklist should have all the documents needed for the OWP application. 

If you hire an immigration representative, they can submit a work permit application via the Authorized Paid Representative Portal. 

A Note On Filling Out The ‘Details Of Intended Work In Canada Section’ 

IRCC advises that spouses and partners who apply for an OWP during the sponsorship process should answer the following questions: 

Prompt Required Response For Sponsored Applicants 
Box 1: What type of work permit are you applying for?Select “Open Work Permit.”
Box 4: Job title and Brief description of duties– Enter “SCLPC FC OWP” in the Job title box.
– Enter “SCLPC FC applicant in Canada public policy” in the Brief description of duties

After Submitting Your Application 

In order to get an OWP for your spouse during sponsorship process, know what to do after submitting the application. 

Your spouse cannot work in Canada until they obtain OWP. 

While your spouse is waiting for processing of their OWP, they should maintain legal status as a TR in Canada. 

They should wait to begin work until after IRCC has successfully issued them the OWP. 

Moreover, if your spouse already has a work permit, they might continue working as long as they maintain their status. They can do this by applying for an OWP before the expiry of their current work permit. 

If the application for an OWP is successful, IRCC will issue a confirmation online and the work permit by mail. Your spouse can begin working as soon as they have the OWP in hand. 

If IRCC refuses the application for an OWP, it will return the application and refund the OWP holder fee paid with the work permit application submission. 

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].