Open Work Permit for Spouses in the Sponsorship Process
December 23, 2024 Amritpal Kaur
If you’re sponsoring your spouse, common-law partner, or conjugal partner for Canadian permanent residence (PR), one of the most important questions you may have is how your partner can support themselves financially while waiting for the PR application to be processed. Luckily, under certain conditions, your spouse or partner may be eligible for an Open Work Permit (OWP), which allows them to work for most employers in Canada. This blog post will guide you through the process of applying for an OWP during the sponsorship journey.
What is an Open Work Permit (OWP)?
An Open Work Permit is a type of work permit that allows its holder to work for any employer in Canada, without being tied to a specific job or company. For spouses or partners in the sponsorship process, an OWP can be a game-changer, as it enables them to earn a living while they wait for their permanent residence application to be processed.
Who Can Apply for an Open Work Permit?
To qualify for an OWP while being sponsored for PR, your spouse or partner must meet certain eligibility requirements:
Relationship Requirements: They must be in a genuine relationship with you, the sponsor, and must be included in your PR application.
Acknowledgment of Receipt (AOR): They must have received an Acknowledgment of Receipt (AOR) from Immigration, Refugees, and Citizenship Canada (IRCC), confirming that their PR application has been received and is in the processing stage.
Living in Canada: Your spouse or partner must be living with you in Canada while the PR application is being processed.
If they meet these criteria, they may apply for an OWP and, if approved, start working while waiting for their permanent residence status.
When is an OWP Application Not Allowed?
It’s important to note that an Open Work Permit cannot be applied for under the following circumstances:
Refused or withdrawn PR application: If the PR application has been refused, withdrawn, or returned, the OWP cannot be granted.
Work permit at a port of entry: If they plan to apply for the work permit at a port of entry (such as at the border), they are not eligible for an OWP under this process.
Step-by-Step Process for Applying for an Open Work Permit
If your spouse or partner is in Canada and meets the eligibility requirements, they can apply for the OWP through the following steps:
1. Submit Your PR Sponsorship Application
The first step in the process is for you to submit the application to sponsor your spouse or partner for permanent residence. They can only apply for an OWP after your PR application has been submitted.
2. Obtain the Acknowledgment of Receipt (AOR)
Once the IRCC receives and processes your PR sponsorship application, they will send an Acknowledgment of Receipt (AOR). This is the document that confirms that the PR application is in process and is essential for applying for the OWP.
3. Create an IRCC Secure Account
After receiving the AOR, your spouse or partner should create or log into an IRCC Secure Account. This is where they will submit their OWP application. The IRCC account will provide a personalized checklist of required documents to complete the application.
4. Fill Out the OWP Application
Once logged in, your spouse will need to fill out the OWP application form. In the section called "Details of intended work," IRCC advises that applicants should enter:
Job title: “Open Work Permit.”
Brief description of duties: “SCLPC FC OWP” (Spouse/Common-Law Partner in Canada Family Class Open Work Permit applicant under public policy).
This is important to ensure that the OWP application is correctly processed.
5. Submit the Application
After filling out the form and uploading the necessary documents, your spouse can submit the application online. If you are using an immigration representative to assist with the process, they can submit the application through the Authorized Paid Representative Portal.
What Happens After Submission?
Once the application has been submitted, your spouse or partner will not be authorized to work until they have received their OWP. Here’s what to expect next:
Processing Time: Typically, the OWP application will be processed within four months if your spouse or partner is in Canada and has already received an AOR.
Legal Status: While waiting for the OWP, your spouse must maintain legal temporary resident status in Canada (e.g., through a visitor visa, study permit, or work permit).
Work Authorization: Your spouse can only begin working once the OWP has been issued by IRCC. If they already have a work permit, they may continue working until their current permit expires, as long as they apply for the OWP before it ends.
If the application is successful, your spouse will receive an online confirmation, and the OWP will be mailed to them. They can then legally begin working anywhere in Canada.
If the application is denied, IRCC will return the application and refund the fee for the work permit application.
Special Circumstances
There are certain situations in which your spouse or partner may be allowed to apply for an OWP without an AOR:
If their temporary resident status (such as a visitor visa or work permit) is about to expire in two weeks or less, and they have already submitted their PR sponsorship application, IRCC may allow them to apply for an OWP immediately, even without the AOR.
If you have questions or need help regarding Open Work Permit (OWP), our team of immigration experts is here for you.
Give us a call at 647-222-6795 or email us at info@zandbimmigration.ca, or amritpal@zandbimmigration.ca. You can also book an appointment directly on our website www.zandbimmigration.ca.
We’re here to help make the immigration process easier for you.