Discover how a Spouse Open Work Permit (SOWP) can allow you to work in Canada while accompanying your partner who is a temporary foreign worker or an international student. Learn about SOWP eligibility, the application process, and benefits here.
Many people who come to Canada to work or study are married or are in common-law partnerships. Such people can help their spouses to come to Canada and work in the country legally by helping them apply for a Spouse Open Work Permit. This allows the couple to be reunited and support one another until the primary foreign national’s study program or job ends. In this guide, we will discuss what the Canada Spouse Open Work Permit is, who is eligible for one, and how prospective spouses can apply for it.
The spousal open work permit is a special work permit issued to individuals with spouses in Canada. Foreign nationals (principal applicants) in Canada can fall into one of three categories:
The spousal open work permit Canada’s “open” nature means the holder can work for any employer in the country. Their work permit will typically have a validity length that coincides with their spouses’ work permit or study permit validity date.
The eligibility for a Spouse Open Work Permit (SOWP) depends on the status of the applicant’s spouse in Canada. Individuals who have applied to be sponsored by their spouse, or whose spouses are in Canada on a study or work permit, may be eligible to apply for a SOWP. Specific requirements and eligibility criteria vary depending on the type of status held by the spouse, and information can be found in the table below.
| Category | Explanation | Work Permit Applicant’s NOC Skill Level | Work Permit Applicant’s Work Permit Length (Minimum) |
|---|---|---|---|
| Spouses and common-law partners of foreign nationals who hold a study permit | The applicant can apply for a SOWP under section C42 if their spouse is enrolled in a Canadian master’s and doctoral programs. The applicant cannot apply for a SOWP if they themselves possess a study permit. | N/A | N/A |
| Spouses and common-law partners of individuals who possess a work permit or provincial nomination | The applicant can apply for a SOWP under section C41 if their spouse has a work permit and/or a provincial nomination. | Any NOC skill level | 6 months |
| Spouses and common-law partners of foreign workers who hold a work permit under the Atlantic Immigration Program (AIP) | The applicant can apply for a SOWP under section C41 if their spouse has applied for Canadian permanent residence and has already received a work permit while their AIP application was processing. | NOC TEER 0, 1, 2 or 3 | 6 months |
| Spouses and common-law partners of foreign workers who hold a Quebec selection certificate (CSQ) | The applicant can apply for a SOWP under section C41 if their spouse has been chosen for Quebec immigration and holds a Quebec Selection Certificate. | Any NOC skill level | 6 months |
| Spouses and common-law partners of individuals who possess a bridging open work permit (BOWP) | The applicant can apply for a SOWP under section C41 if their spouse has a bridging open work permit. The spouse must be present in Canada, while the applicant can be located in any country. | Varies based on the applicant’s program | 6 months |
| Spouses and common-law partners of individuals who possess an open work permit other than the BOWP | Other ways that a spouse may hold an open work permit include through the International Mobility Program, Post-Graduation Work Permit, or through a work permit issued under an immigration program like the Spousal Sponsorship program. | NOC TEER 0, 1, 2 or 3 | N/A |
| Spouses and common-law partners of permanent residents who have been sponsored under the Spousal Sponsorship Program | The applicant can apply for a SOWP only once they receive their Acknowledgement of Receipt (AoR) | N/A | N/A |
Prospective applicants who would like to apply for the SOWP Canada must meet the following Spouse Open Work Permit requirements.
The person applying for the open work permit for a spouse must prove that they are in a genuine relationship. This involves demonstrating that they didn’t marry their partner to acquire a temporary residence in their home country. To do this, the applicant must show valid proof of their relationship as well as evidence that they’ve lived with their partner for at least a full year.
Applicants who intend to meet the spouse open work permit Canada requirements must ensure their spouse residing in Canada has maintained their temporary resident status. For example, if the spouse is working in Canada, they must hold a valid work permit. Similarly, if the spouse is studying in Canada, they must hold a valid study permit.
The spouse who is working or studying in Canada must have a minimum of 6 months remaining on their work permit or study permit when the applicant applies for their SOWP.
Applicants can apply for a SOWP if their spouse in Canada is working in occupations that fall under TEER categories 0, 1, 2, 3, 4, or 5. Alternatively, they can apply if their spouse holds an open work permit or has applied for permanent residence while possessing a work permit.
Prospective applicants who intend to complete a Spousal open work permit application must gather and submit the following documents:
The spousal open work permit application process is described in the following steps:
The spousal open work permit applicant should read the work permit application guide to learn which forms they need to complete. This instruction guide will also show them how to fill out each form section.
The spousal open work permit applicant should then review all the documents they will need for their application. They must then use a scanner to create digital copies of each document.
The spousal open work permit applicant must then create a secure account using Immigration, Refugees, and Citizenship Canada’s (IRCC) online portal. The spousal open work permit applicant should then fill out the forms online, using the application guide for reference. Once the forms are complete, they must sign and date them.
The spousal open work permit applicant must then pay the application processing fee and submit their application and documents online.
After submitting the application, the applicant will need to wait for processing. The processing time can vary depending on the volume of applications and the type of work permit being applied for. The applicant may also be required to attend an interview or provide additional information during the processing period.
Once the application is processed, the applicant will receive a decision on their SOWP application. If approved, the applicant will be issued a work permit that allows them to work in Canada while they wait for their permanent residency application to be processed.
Spousal open work permit applicants will need to pay a total of $340 as their application processing fee. This total consists of the following:
It’s important to note that fees can change at any time, so it’s important to check the official Government of Canada website for the most up-to-date information on SOWP application fees.
The length of an applicant’s spousal open work permit varies based on many factors. However, the main factor is the foreign national’s study permit or work permit expiration rate.
If the foreign national’s work permit or study permit is set to expire in the next 3 months, then their spouse’s open work permit will also expire after 3 months. If the foreign national gets their study permit or work permit extended, their spouse will need to apply for a new open work permit accordingly.
Spousal open work permit applicants will need to pay a total of $340 as their application processing fee. This total consists of the following:
It’s important to note that fees can change at any time, so it’s important to check the official Government of Canada website for the most up-to-date information on SOWP application fees.
The length of an applicant’s spousal open work permit varies based on many factors. However, the main factor is the foreign national’s study permit or work permit expiration rate.
If the foreign national’s work permit or study permit is set to expire in the next 3 months, then their spouse’s open work permit will also expire after 3 months. If the foreign national gets their study permit or work permit extended, their spouse will need to apply for a new open work permit accordingly.
People can benefit from getting a spousal open work permit in many ways. This includes:
Obtaining a Canadian job offer is one of the major obstacles for foreign professionals seeking to work in Canada. In most cases, foreign professionals can’t get a work permit unless they have a valid job offer from a Canadian employer.
However, Canadian employers aren’t permitted to give foreigners job offers unless they have received a positive Labour Market Impact Assessment (LMIA).
An LMIA is a tedious process in which a Canadian employer must prove that there were no Canadian citizens or Canadian permanent residents available to fill the job role they wish to fill. For this reason, very few foreign workers ever end up getting Canadian job offers or Canadian work permits.
Spouse open work permit applicants are exempt from this requirement and can apply for this work permit without worrying about having to secure a Canadian job offer first.
The “open” in open work permit means the holder can work for any employer in Canada. This is in contrast to employer-specific work permits, where the applicant is allowed to work only for a single employer. This freedom is great for applicants who don’t want to feel tied down while working in Canada.
As mentioned earlier, the applicant’s spousal open work permit will be valid for as long as the principal applicant’s work permit or study permit. This means the couple will get to remain together while they are in Canada and won’t have to worry about being separated. This also means the spousal open work permit could be valid for much longer than open work permits issued to other types of applicants.
Many couples get married to ensure they are always there to support one another emotionally. However, they may become temporarily separated due to one of their careers. The spousal open work permit ensures couples get to be together in Canada and remain present to support one another. Living alone in a foreign country can be difficult for most people, so having one’s spouse around can make life far more enjoyable.
A spousal open work permit allows a foreign professional to get valuable Canadian work experience. If they manage to get at least 12 months of full-time work experience in a Canadian occupation that falls under the National Occupation Code – NOC TEER 0, 1, 2, or 3, they will become eligible to apply for Canadian permanent residence through the Express Entry’s Canadian Experience Class.
This means they can become permanent residents and eventually sponsor their partner for Canada PR too. This makes the spousal open work permit an excellent document for people who wish to eventually move to and settle in Canada.
These are some of the frequently asked questions about Canada’s Spouse Open Work Permit:
Yes, you can apply for a Spousal Open Work Permit if your spouse is in Canada as a visitor. However, your spouse must meet the eligibility criteria for a work permit, and you must demonstrate that you meet the eligibility criteria as a spouse or common-law partner of the temporary resident in Canada.
The processing time for a Spousal Open Work Permit application can vary depending on the type of application and the country or region where the application is submitted. Generally, the processing time for a Spousal Open Work Permit application is around four to six months.
No, there may be restrictions on the type of occupation that you can work in with a Spousal Open Work Permit. You should check the conditions of your work permit to determine any restrictions.
Yes, it is possible to extend a Spousal Open Work Permit. You should apply for an extension at least 30 days before the expiry of your current work permit.
No, you cannot apply for a Spousal Open Work Permit if your spouse is a Canadian citizen. However, you may be eligible to apply for a work permit through other immigration programs.
Dependent children can accompany the spousal open work permit holder to Canada if they apply for and are granted a visitor visa.
The extension of a Spouse Open Work Permit is indeed linked to the expiry date of the principal applicant’s work permit. If the principal applicant’s work permit is extended, the Spouse Open Work Permit can also be extended.
However, if the principal applicant’s work permit is not extended, the Spouse Open Work Permit will expire on the same date. It is important to ensure that the principal applicant’s work permit is valid before applying for an extension of the Spouse Open Work Permit.
Latest Update: The principal applicant can get a Work Permit Extension using the latest public policy mentioned below:
https://elaarimmigration.com/blog/new-work-permit-policy-extension-pnp-candidates/
https://elaarimmigration.com/blog/spouse-open-work-permit-canada-from-india/
https://elaarimmigration.com/blog/proof-of-relationship-letter-sample-canada-spouse-visa/
https://elaarimmigration.com/blog/canada-student-spouse-visa-requirements/
https://elaarimmigration.com/blog/spousal-open-work-permit-refused/
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