How to Help Your Partner Work in Canada While Their PR is Pending
Learn how to get an Open Work Permit (OWP) for your spouse during Canada's spousal sponsorship process. Eligibility, steps, and key guidelines explained.
Gurmeet Sharma
Sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence offers the possibility for them to secure an Open Work Permit (OWP). This permit enables them to work for most employers in Canada while their permanent residence (PR) application is processed. Below is a comprehensive breakdown of the eligibility criteria, application process, and key details to ensure a smooth experience.
Eligibility for an Open Work Permit (OWP)
To apply for an OWP, the sponsored individual must meet the following criteria:
- Relationship Verification: Be in a genuine relationship with the sponsor.
- PR Application Status: Be included in a PR sponsorship application and have received an Acknowledgment of Receipt (AOR) from Immigration, Refugees, and Citizenship Canada (IRCC), confirming the application is under review.
- Residency in Canada: Be living in Canada with the sponsor during the application process.
Ineligible Scenarios:
- PR applications that are refused, withdrawn, or returned.
- Attempts to apply for a work permit at a port of entry.
Temporary Resident Status and Application Procedures
The process for obtaining an OWP varies depending on the sponsored individual’s current residency status.
| Residency Status | Procedure |
|---|---|
| Valid Temporary Status (e.g., work permit, study permit, visitor visa/eTA) | Apply online through an IRCC secure account after receiving the AOR for the PR sponsorship application. In exceptional cases, applications may be submitted without an AOR if temporary status is set to expire within two weeks, and the PR sponsorship application has been filed. |
| No Temporary Status | Wait to receive an approval-in-principle letter before submitting an OWP application. Applications under other public policies or pilot programs are not permitted. |
Processing Timelines
- Open Work Permit Processing: Typically completed within four months for inland sponsorships.
- Visitor Visa Expedite: Eligible for faster processing if the AOR is received for the PR sponsorship application.
Applications requiring additional documentation (e.g., custody papers) may take longer to process.
Steps to Apply for an Open Work Permit
-
Secure an IRCC Account:
- Create or log in to an IRCC secure account.
- Note: This account is distinct from the PR application portal.
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Complete the Application:
- Provide detailed answers about the work permit type.
- Obtain a personalized document checklist with all required supporting documents.
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Submission by a Representative:
- If using an immigration representative, they can submit the application via the Authorized Paid Representative Portal.
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Filling Key Fields: In the “Details of intended work in Canada” section, sponsored applicants should provide the following:
- Box 1: Select “Open Work Permit.”
- Box 4 (Job Title): Enter “SCLPC FC OWP.”
- Box 4 (Brief Description): Enter “SCLPC FC applicant in Canada public policy.”
Post-Submission Information
- Work Authorization: Your spouse or partner must wait to receive the OWP before starting work unless they have other legal work authorization.
- Maintaining Legal Status: Ensure temporary resident status is maintained while the application is processed.
- Outcome Notifications:
- Approval: Confirmation will be issued online, followed by the physical OWP by mail.
- Refusal: The application and associated fees will be returned.
Securing an OWP during the sponsorship process offers significant flexibility for your loved one to contribute to the household while awaiting PR approval. By following these steps and ensuring compliance with IRCC guidelines, you can streamline the application process and avoid unnecessary delays.
