Spouse Open Work Permit (SOWP) Canada

An open work permit for a spouse allows the spouse of certain temporary permit holders in Canada to work anywhere in the country for any employer, with very few restrictions.

Individuals who have submitted a sponsorship application through their spouse, or those whose spouse is in Canada with a study or work permit, may be eligible to apply for an open work permit for a spouse. The eligibility criteria for this permit depend on the specific status of your spouse in Canada.

To be eligible for an open work permit for spousal sponsorship, a foreign national must have submitted a sponsorship application for permanent residence in Canada under the spousal sponsorship program.

• If you have not yet submitted your sponsorship application: You can submit the sponsorship, permanent residence, and open work permit applications simultaneously in a single paper envelope. Be sure to include all necessary supporting documents and payment evidence for each application. These applications must be sent to the Mississauga Processing Centre (CTD-M) in Ontario.
• If your permanent residence application has been submitted but not yet received a preliminary approval: You can submit your open work permit application on paper to the Vegreville Processing Centre (CPC-V) in Alberta.
• If your permanent residence application has received a preliminary approval: You can submit your open work permit application either online or on paper to the Vegreville Processing Centre (CTD-V) in Alberta.

A preliminary approval (PA) means that the permanent residence application has been found to meet the eligibility requirements by IRCC, but it has not yet been reviewed for medical, security, and background check aspects. Although the PA indicates that several steps have been successfully completed, permanent residence can still be denied after the PA.

A foreign national must maintain valid status in Canada (visitor, student, worker, etc.) to submit a work permit application at the same time as their permanent residence application. If an applicant is without status in Canada, they will need to wait for the preliminary approval of their permanent residence application before submitting their work permit application.

To be eligible for an open work permit for spouses, you must meet certain minimum requirements, including:

• Being in a genuine relationship with the primary applicant, whether they are a permanent resident or a Canadian citizen.
• Being eligible to apply as the spouse of an eligible foreign national or as a sponsorship applicant in Canada (see details above).
• Not being inadmissible to Canada for criminal or medical reasons.

Additional criteria may apply depending on the category of open work permit being applied for.

The processing time for an open work permit for spouses varies depending on the type of permit requested by your spouse. To obtain an accurate estimate of the processing time for your application, refer to the dedicated page on the Government of Canada’s website.

The spouse’s open work permit is tied to the primary applicant’s permit and is valid only for the duration of that permit. If your spouse’s permit expires, you will need to submit a new application for an open work permit based on your spouse’s status.

An Open Work Permit for Spouse can only be issued for a duration equivalent to that of the principal applicant’s permit. If the applicant’s passport is about to expire, the open work permit will not be valid beyond the expiration date of that passport.

The application process for an open work permit for a spouse varies depending on the type of permit required. The first step is to identify the work permit that best suits your situation. If you need help filling out your application, feel free to contact us; we would be happy to schedule a consultation with one of our specialists.

The timing for when you can apply for an open work permit for a spouse depends on the category of your application. For precise information on the appropriate time to submit your application, contact us to schedule a consultation.

The required documents for a Canadian spousal work permit may vary depending on the category of your application. Applicants may need to provide the following documents:

• Acknowledgment of Receipt (AOR)
• Provincial Nominee Program Certificate (if applicable)
• Quebec Acceptance Certificate (CAQ) (if applicable)
• Completed application forms
• Proof of status in Canada
• Proof of spouse’s status in Canada
• Marriage certificate or proof of common-law status
• Proof of relationship with the principal applicant
• Valid copy of your passport
• Medical exam results (if required)
• Proof of payment of applicable government fees

It is possible that you will need to undergo a medical examination when applying for an open work permit for a spouse. Applicants can choose to undergo the examination right away or wait to receive a medical exam request from IRCC. Once the request is received, you will need to complete the exam with a doctor designated by IRCC. You can find a designated doctor near you on the IRCC webpage titled “Find a Designated Physician”.

Applicants for a spousal open work permit must demonstrate that they have sufficient funds to cover their needs during their stay in Canada. If the processing officer is not convinced of the applicant’s ability to support themselves, this could result in a refusal of the application.

It is not possible to renew an open work permit for a spouse. If your permit has expired but your spouse or partner maintains an eligible status in Canada, you will need to submit a new application for an open work permit.

One of the main reasons for the refusal of a spousal open work permit is the lack of sufficient proof of the relationship with the eligible spouse. If your application was denied, contact us to explore your options and receive guidance on the next steps.

If you submitted your spousal open work permit application online, you can check the status of your application through your account. For paper-based applications, you can track their status by linking them to an online IRCC account.

There are several options for candidates working in Canada who wish to obtain permanent resident status. For a full assessment of your options, start by completing our free online evaluation form.

One of the main reasons for the refusal of a spousal open work permit is the lack of sufficient proof of the relationship with the eligible spouse. If your application was denied, contact us to explore your options and receive advice on the next steps.

If your spousal open work permit application is refused, you may be eligible to submit a new application. Be sure to apply again only if you can provide additional information or documents that address the initial refusal. Contact us to explore your options and receive guidance on the next steps.

If you have applied for sponsorship in Canada based on a residency permit that is expiring and have also applied for a spousal open work permit, you will be in implied status. This means you can remain in Canada without a valid permit under the same conditions while waiting for a decision regarding your open work permit application.