Canada is an ideal destination to settle and build your future with your family. It is a country that values diversity and multiculturalism regardless of where the people come from. It provides an inclusive environment where people from different cultures and backgrounds are not excluded but are rather welcomed and respected.
A spousal open work permit allows the spouse of a Canadian permit holder to seek employment anywhere in the country with a few restrictions.
In this blog, we will explore the complete process of a spouse visa and work permit, its recent updates, and everything you need to know.
Spousal Open Work Permit (SOWP) Overview:
A spousal open work permit allows the spouse of a Canadian permit holder to seek employment anywhere in the country with a few restrictions.
If your spouse is presently employed or in school in Canada, or if you have applied for spousal sponsorship by your husband/wife or partner who resides in Canada, you can be eligible for an open work permit.
A foreign national who has received a work permit will be granted an open work permit that allows the holder to work in any province/territory for any employer while having a PR application in process or while the applicant’s spouse has status in the country.
The procedure for applying for the spousal open work permit differs depending on the spousal position in Canada or the progress of their permanent residency application.
Any foreign worker needs prior permission to work in Canada, as local laws do not allow one to start working for a foreign employer. It is unlawful to embark on any sort of employment in Canada without possessing the right work permit, which would also affect one’s future application options.
Who is Eligible for a Spousal Work Permit?
People under the following conditions can apply for a spousal work permit:
People who have applied to be sponsored by their spouse or whose spouse is located in Canada with a study or work visa may apply for a spousal open work permit. The requirements for applying for a spousal open work permit depend on the status of your spouse in Canada.
For a foreign national to be qualified for a spousal open work permit, they must have sponsored their spouse for immigration residency following the in-Canada stream of the spousal sponsorship program.
- If you still need to submit your sponsorship application, you can submit the sponsorship, permanent residence, and open work permit applications simultaneously in a single envelope in paper form. Ensure that you attach all forms, documentation, and proof of payment for all applications.
- If your PR application has been submitted but has yet to receive approval in principle, the open work permit application may be completed, signed, and submitted in hard copy to the processing Centre in Alberta.
- If your permanent residence application has been approved in principle, you may file the open work permit application solely online or on paper at the processing Centre.
Eligibility Criteria for SOWP
Meeting the following requirements is essential to eligibility for an SOWP.
- Apply for the permanent resident status under the Spouse Common-Law Partner Class.
- They must be Canadian citizens or permanent residents and have a spouse or common-law partner who has sponsors for a Canada immigration application.
- Live at the same address as their sponsor.
- Must be a temporary resident in Canada or have had an application for restoration status approved and are permitted to work.
The open work permit can be applied at the same time as the application for permanent residency through sponsorship, or it may be used at any later time.
Applicants who have been granted approval in principle for permanent residence application may apply to the SOWP online. Approval, in principle, means the spouse or partner has received a letter from IRCC stating that they meet the permanent residence eligibility requirements. However, they still need to pass the medical, security, and background checks.
The SOWP may be reopened if the immigration decision has not been made before it expires. SOWP holders will then need to apply to renew their permits before the expiration date.
SOWP Required Documents
The SOWP application requires a number of essential documents, which will depend upon the program you are applying for; some documents are:
- Provincial Nomination certificate
- An AOR letter
- Proof of your and your spouse’s status in Canada
- Proof of marriage
- Copy of travel documents
- If requested, a medical exam
- Submission of application fee
- Proof of Canadian status
Benefits of SOWP
The spousal visa and work permit hold multiple benefits, such as;
- The possibility to work while you wait: The SOWP permits persons applying for spousal sponsorship to legally remain in Canada as they wait for a decision regarding their immigration. The application processing time for spousal sponsorship can take up to twelve months with Immigration, Refugees, and Citizenship Canada (IRCC). This is because the SOWP currently permits foreign nationals to work in Canada.
- Freedom to work anywhere: Unlike the specific work permits that restrict foreign nationals to work for a single employer or in a certain kind of job, the open permits allow the holder to work in any business for any employer in Canada. In addition, when the SOWP holders want to work for an employer, the employer does not require the LMIA.
- Live with your partner: In the absence of SOWP or a similar program of temporary status, the application process would have to be done overseas. The SOWP helps the couples to cohabit while awaiting their sponsorship permit since the process takes time.
- Gain Canadian Experience: Acquiring Canadian work experience before obtaining your PR status can help your career progress in Canada. If you do get permanent residence, you will already have some work experience on your resume. Research has revealed that Canadians who have been in the workforce for years have better earnings.
In addition, living in Canada will help you establish connections, build good relations, and even enhance your language skills if necessary.
SOWP 2024 Updates
In January 2024, the IRCC made significant reforms in the sowp eligibility. In a recent change, the spouses of international students will not be eligible for a work permit, and the eligibility will only be granted to the spouses of the students of masters and doctoral degrees in Canada. Undergrad students’ spouses can apply for a work permit if their sponsors are enrolled in specific programs mentioned by IRCC.
Conclusion
In short, the spousal visa and work permit allows the sponsored spouse to work in Canada with a few limitations. Although the application procedure differs according to the type of permit, the first step requires thorough research to know which program best suits you.
The SOWP is a substantial advantage. You can stay with your partner in Canada, work, and start building your career here.