When sponsoring your spouse, common-law partner, or conjugal partner for Canadian permanent residency, they may be eligible to apply for an Open Work Permit (OWP).
The sponsored individual can apply for an OWP only after the sponsorship application for permanent residency (PR) has been submitted. This application must be made from within Canada.
An OWP allows your partner to work legally for most employers across various industries in Canada.
Additional Resources
For detailed guidance on the sponsorship process, refer to our articles on assessing eligibility and the step-by-step guide to PR application.
Who Can Apply for an OWP During Sponsorship?
Both the Inland Spousal/Common-Law Partner Class and Outland Family Class sponsorships allow the sponsored person to apply for an Open Work Permit (OWP) if they are physically in Canada.
Eligibility Criteria:
To be eligible for an OWP, your spouse or partner must:
- Be in a genuine relationship with the sponsor.
- Be included in a permanent residence (PR) application and have received an Acknowledgment of Receipt (AOR) from Immigration, Refugees, and Citizenship Canada (IRCC).
- Reside in Canada with the sponsor.
Ineligibility:
Your spouse or partner cannot apply for an OWP if:
- The PR application has been refused, withdrawn, or returned.
- They intend to apply for a work permit at a port of entry.
Temporary Resident Status and OWP Application Process
The process differs depending on the spouse or partner’s temporary resident status in Canada:
1. Valid Temporary Resident Status
If your spouse or partner holds a valid work permit, study permit, visitor visa, or electronic travel authorization (eTA):
- They can apply for an OWP through their IRCC secure account after receiving the AOR from IRCC.
- In some cases, IRCC allows applying without an AOR if:
- Their temporary status is set to expire in two weeks or less, and
- Their PR sponsorship application has already been submitted.
2. No Temporary Status
If your spouse or partner does not currently hold valid temporary status in Canada:
- They must wait for an Approval in Principle (AIP) letter before applying for an OWP.
- They cannot apply for an OWP under any other public policy or pilot program.
Processing Times and Expedited Applications
- OWP Processing: Inland sponsorship OWP applications are typically processed within four months.
- Visitor Visa Expedited Processing: Sponsored individuals with an AOR may be eligible for faster visitor visa processing.
Applications requiring additional documentation, such as child custody documents, may take longer.
How to Apply for an OWP
- Online Application:
- Sign in or create an IRCC secure account (different from the PR portal used for the sponsorship application).
- Answer questions about the type of work permit and current status to generate a personalized document checklist.
- Using an Immigration Representative:
- Representatives can submit the OWP application through the Authorized Paid Representative Portal.
- Details of Intended Work in Canada:
- In the “Details of intended work” section of the application, answer as follows:
- Box 1: Select “Open Work Permit.”
- Box 4:
- Job Title: Enter “SCLPC FC OWP.”
- Brief Description of Duties: Enter “SCLPC FC applicant in Canada public policy.”
- In the “Details of intended work” section of the application, answer as follows:
After Submitting the Application
- Before Approval:
- The spouse or partner must maintain temporary resident status and cannot work until the OWP is issued.
- If they hold a current valid work permit, they can continue working as long as they applied for the OWP before its expiry.
- After Approval:
- IRCC will notify the applicant online and send the OWP by mail. Work can begin as soon as the permit is received.
- If Refused:
- IRCC will return the application and refund the OWP fee.
By following these guidelines, you can help your spouse or partner obtain an OWP, enabling them to work legally in Canada during the sponsorship process.
How to get an open work permit for your spouse or partner during the sponsorship process | CIC News
