How to Obtain an Open Work Permit for Your Spouse or Partner During the Sponsorship Process

When sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence, they may be eligible to apply for an Open Work Permit (OWP). This permit allows your partner to work for most employers in various industries across Canada, providing financial stability while waiting for their permanent residency (PR) application to be processed.

Eligibility for an Open Work Permit During Sponsorship

To qualify for an OWP during the sponsorship process, your partner must meet the following criteria:

1. Genuine Relationship: Be in a bona fide relationship with the sponsor.
2. Permanent Residency Application: Be included in a submitted PR application and have received an Acknowledgment of Receipt (AOR) from Immigration, Refugees and Citizenship Canada (IRCC).
3. Residency in Canada: Reside in Canada with the sponsor.
   
   

Who Cannot Apply?

Your spouse or partner cannot apply for an OWP if:

• Their PR application has been refused, withdrawn, or returned.
• They plan to apply for a work permit at a port of entry.

Steps Based on Temporary Resident Status

If the Sponsored Person Has Valid Temporary Resident Status

• Examples: Work permit, study permit, or visitor visa/eTA.
• Procedure: They can apply for an OWP through an IRCC secure account after receiving the AOR for their PR application.
• Special Circumstances: If their temporary status is about to expire (within two weeks), IRCC may allow them to apply for an OWP without an AOR, provided the PR application has been submitted.
  
  

If the Sponsored Person Does Not Have Temporary Resident Status

• They must wait until receiving an approval-in-principle letter from IRCC before applying for an OWP.

Processing Time for OWP Applications

For inland sponsorship applications, OWP applications are typically processed within four months. If your spouse or partner has received an AOR for their PR application, they may also be eligible for expedited processing of a visitor visa.

How to Apply for an Open Work Permit

1. Create an IRCC Secure Account: The sponsored person must log in or create an IRCC secure account to apply for an OWP online. This account differs from the PR portal used for the initial sponsorship application.
2. Personalized Document Checklist: Answer questions to receive a checklist of required documents for the OWP application.
3. Details of Intended Work: In the application:
• Select “Open Work Permit” for the type of permit.
• Enter “SCLPC FC OWP” as the job title.
• Include “SCLPC FC applicant in Canada public policy” in the brief description of duties.
  
  

If using an immigration representative, they can submit the application via the Authorized Paid Representative Portal.

After Submission

• Your spouse or partner must maintain legal temporary resident status in Canada while waiting for the OWP.
• They cannot begin working until the OWP is issued. If already holding a valid work permit, they may continue working, provided they applied for the OWP before their current permit expired.
• IRCC will issue the work permit confirmation online and mail the physical document.
  
  

In Case of Refusal

If the OWP application is refused, IRCC will return the application and refund the work permit fee. Ensure all eligibility criteria are met and documents are accurate to avoid delays or rejections.