Spouse Open Work Permit Canada
What is a Spouse Open Work Permit (SOWP)?
A Spouse Open Work Permit (SOWP) allows the spouse or common-law partner of certain temporary residents in Canada to work for any employer in the country. This type of permit is designed to facilitate family unity and provide economic benefits to Canada by allowing spouses or common-law partners to work and contribute to the Canadian economy while their partner holds a valid work permit or study permit while studying in a particular program.
Eligibility Requirements for a Spousal Open Work Permit Canada
To be eligible for a spousal open work permit, applicants must meet specific criteria set by IRCC. The principal applicant must have a valid work permit, study permit (with certain restrictions), or be an applicant for permanent residence under programs like the Immigration Nominee Programs, for example the Atlantic Immigration Program, considering provincial law. Additionally, the relationship between the spouse or common-law partner must be genuine and well-documented. While IRCC does not request bona-fides of the relationship in the initial application, they may subsequently request proof either through documentation or an interview. The principal applicant may need to demonstrate ongoing employment in a qualifying occupation or enrolment in a designated learning institution, with proof of their enrolment letter, as well as proof of financial means.
Benefits of an Open Work Permit for Dependent Spouse
A spousal open work permits offers numerous benefits, including the ability to work for any employer in Canada without needing a job offer or Labour Market Impact Assessment (LMIA). This flexibility helps spouses or common-law partners gain valuable work experience, contribute to household income, and integrate into Canadian society, with the possible goal to be a permanent resident.
Application Process for a Spouse Open Work Permit
The application process for a spousal open work permit involves several steps. Applicants must first ensure they meet the eligibility requirements and gather the necessary supporting documentation. The application can be submitted online or in some cased by paper, but more rare. The process includes completing required forms, paying the processing fee, and providing biometrics if necessary. It is important to review and determine if you are eligible for an open work permit based on your dependant spouse or common law partners status.
Required Documents for the Application
Applicants must submit a information detailed in IRCC's document checklist that typically includes:
Proof of relationship (marriage certificate or proof of common-law union)
Copy of the principal applicant's valid work or study permit
IMM form, ie; Family information form
Proof of ongoing employment or enrolment in a study program
Supporting documentation such as a visitor record or medical exam results
Upload Proof that you can support your stay financially
How to Apply for a Spousal Open Work Permit
Typically you will apply online for your spousal open work permit. When applying online you will use an IRCC portal and submit the relevant IMM forms and supporting documents, as well as your government fees. Once submitted you will be able to monitor your application. Foreign nationals are able to apply online, by paper or in certain circumstance, when entering Canada at the Port of Entry.
Application Fees
The application fee for a spousal open work permit includes the standard processing fee and, if applicable, a biometrics fee. It is essential to keep up to date information on current fees from the IRCC website to ensure accurate payment.
SOWP Processing Time Canada
Processing time for a spousal open work permit can vary depending on the applicant's country of residence and the completeness of the application. On average, processing times can range from a few weeks to several months. Applicants are encouraged to apply well in advance of the intended start date.
Restrictions on the Spousal Open Work Permit
A spousal open work permit allows the holder to work anywhere in Canada for any employer. This flexibility supports the spouse or common-law partner in finding suitable employment opportunities without restrictions on job title or location. There may be restrictions places on the work permit, for example if a medical exam has not been taken before its issuance, then this will restrict the place of work, for example in health care, or working with minors.
Can I Work Anywhere in Canada on a Spouse Open Work Permit?
Yes, a spousal open work permit allows you to work for any employer across Canada without the need for a specific job offer or job title restriction.
Can I Add My Dependents on My Spouse Open Work Permit?
As a principal applicant you may be eligible to apply for your legal dependents to obtain a work permit or a study permit. Dependent children may qualify for study permits, visitor records, or work permits based on their age and circumstances. If the principal applicant are study permit holders there are some restrictions.
I am on a Study Permit is my Spouse entitled to a SOWP
As of April 30, 2024, significant changes took effect for spouses or common-law partners of international students in Canada. If you hold a valid study permit and are enrolled in specific advanced degree programs, your spouse or partner may become eligible for an open work permit.
The eligibility for your spouse or partner hinges on your enrollment in certain academic programs. If you are studying in a master’s or doctoral degree program, your spouse or partner can apply for an open work permit. Additionally, those participating in eligible pilot programs or studying in certain professional degree programs at a university also qualify. These professional programs include the
Doctor of Dental Surgery (DDS, DMD),
Bachelor of Law or Juris Doctor (LLB, JD, BCL),
Doctor of Medicine (MD),
Doctor of Optometry (OD),
Pharmacy (PharmD, BS, BSc, BPharm)
Doctor of Veterinary Medicine (DVM),
Bachelor of Science in Nursing (BScN, BSN),
Bachelor of Nursing Science (BNSc),
Bachelor of Nursing (BN),
Bachelor of Education (BEd), and
Bachelor of Engineering (BEng, BE, BASc).
How Long Is a Spouse Open Work Permit Valid?
The validity of a spousal open work permit typically matches the validity of the principal applicant's permit. For example, if the principal applicant has a work or study permit valid for two years, the spousal open work permit will generally be valid for the same period.
Can a Spouse Open Work Permit Be Extended?
Yes, a spousal open work permit can be extended if the principal applicant's permit is also extended. Applicants must apply for the extension before the current permit expires and provide updated supporting documentation.
How Can I Transition from a Spouse Open Permit to PR?
Spouses or common-law partners on an open work permit can transition to permanent residence through various immigration programs. These include the Express Entry system, Provincial Nominee Program (PNP), and other family sponsorship options. A successful permanent residence application often requires proof of a genuine relationship, continuous employment, and meeting other eligibility criteria.
How AKM Can Help You with Dependent Spouse Open Work
At AKM Law, our regulated Canadian immigration consultants provide expert guidance through the application process for spousal open work permits. We offer a personalized document checklist, help you create electronic copies of necessary documents, and ensure your application meets all eligibility requirements. Our team stays up to date with current program guidelines to provide the best possible advice and support, enhancing your chances of a successful application and transition to permanent residence in Canada.
