Open Spousal Work Permit during Sponsorship

Are you a spouse or common-law partner of a Canadian citizen or permanent resident? Are you planning to apply for Canadian permanent residence under spousal sponsorship? If so, you may be eligible to apply for a spousal open work permit that will allow you to work in Canada while your sponsorship permanent residence application is being processed, provided that you demonstrate a genuine relationship and are living in Canada with your partner.



In this blog post, we will discuss a variety of common topics related to the spousal open work permit for partners who are being sponsored.

Introduction to Open Work Permit

An open work permit is a unique type of permit in Canada that allows foreign nationals to work for almost any employer, in any location, without being restricted to a specific job or company. This flexibility makes open permits especially valuable for spouses or common-law partners being sponsored by Canadian citizens or permanent residents. It enables eligible family members to join the Canadian workforce and contribute to the economy while their permanent residence sponsorship application is being processed. Open work permits also help families stay together, support themselves financially, and gain Canadian work experience while waiting for a final decision on a PR sponsorship.

Who can apply for an open spousal work permit while being sponsored as a spouse or common-law partner for permanent residence?

To apply for an open work permit, you must be the spouse or common-law partner of a Canadian citizen or permanent resident who has submitted a sponsorship application for you. Meeting the eligibility requirements is essential, which includes having valid temporary resident status in Canada—such as being a visitor, student, or worker—living with and being able to demonstrate a genuine relationship with your Canadian sponsor. Eligibility also depends on you and your sponsor meeting the requirements at the time of application submission and when a decision is made. If you meet these requirements, you may be eligible to apply for an open work permit and begin working in Canada while your permanent residence application is processed.



If you are being sponsored for permanent residence as a spouse or partner of a Canadian citizen or permanent resident, you could be eligible to apply for a spousal open work permit. An open work permit holder can work for any employer in Canada, in any job.

The Eligibility Criteria for a Spousal Open Work Permit

To be eligible for a spousal open work permit (SOWP) based on your sponsorship application, the following must apply:

• You have submitted a permanent residence application under either:
• the inland spousal** or common-law partner sponsorship**, or
• the family class (overseas) sponsorship application
• You have received your Acknowledgement of Receipt (AOR) or file number from Immigration, Refugees and Citizenship Canada (IRCC).
• You have valid temporary resident status in Canada (visitor, student, or worker), or are eligible to restore your status, and are living with your sponsor.
• You are not inadmissible to Canada for criminal, medical, or other reasons.
• You are living together with your Canadian sponsor, in Canada.

When can my sponsored spouse apply for a spousal open work permit (SOWP)?

Your common-law partner or spouse can apply for a spousal open work permit after you’ve submitted the sponsorship application and received a file number from IRCC.

This applies to both:

• Inland sponsorship applicants, and
• Overseas (family class) applicants, as long as the principal applicant is already in Canada with valid temporary resident status.



It is important to note that the eligibility criteria have changed from the previous eligibility requirements, especially following recent regulatory updates. In the past, only inland applicants were eligible for the open work permit.

How do I apply for a spousal work permit Canada?

An open work permit on the basis of your sponsorship application is an online application, submitted through your IRCC account. It must be submitted through the my CIC portal , not through the PR portal where your sponsorship application was submitted.

To apply, you will need to provide the the required documents listed below.



The fee is $255 CAD, which includes a processing fee and an open work permit holder fee.

Spouse Open Work Permit Document Checklist

When applying for a Canada spousal open work permit, it’s important to include all required documents. A complete application often includes:

• Proof of relationship (marriage certificate, common law declaration, joint account documents)
• Copy of sponsorship application Acknowledgement of Receipt (AOR)
• Valid passport (all pages, including stamps and visas)
• Digital photo meeting IRCC specifications
• Proof of valid temporary status in Canada (visitor record, study permit, or work permit)
• Application forms completed through your IRCC account
• Processing fee ($255 CAD) and biometrics fee, if applicable
• Additional documents if requested by IRCC (such as police certificates or medical exams)



Having a clear and organized spouse open work permit document checklist reduces the risk of refusal or delays.

Do I need to pay a biometrics fee for a spousal open work permit application?

You will need to pay the biometrics fee with your permanent residence application.



If you have not been requested to provide biometrics for the sponsorship application before you submit the work permit application, there is a good chance that you will need to pay the biometrics fee again and submit your biometrics as part of the work permit application.

Spousal Open Work Permit Processing Time

If you are applying for a spousal open work permit through sponsorship, you are likely wondering how long it will take. The official IRCC processing time is usually around 4 months, but this can vary based on application volume, biometrics, and the specific visa office processing your file.

Some applicants may receive their work permit faster, while others may face delays if IRCC requests additional documents or background checks. If you apply inland, you may also benefit from maintained status, which allows you to legally remain in Canada while your open work permit application is being processed.



Keeping your documents complete and accurate will help avoid unnecessary delays.

Do I have maintained (implied) status when I apply for an open work permit on the basis of my sponsorship application?

When you apply for an open work permit on the basis of your sponsorship application, you may be eligible for maintained (implied) status.

This means that if your temporary resident status in Canada expires while your work permit application is being processed, you will still be considered to have valid status in Canada even if your current permit expires. You can legally stay in Canada until a decision is made on your work permit application.

These rules apply to temporary residents in Canada who are seeking to maintain their legal status while waiting for a decision on their work permit application.

To be eligible for maintained status , you must meet the following criteria:

1. You must have submitted a complete application for an open work permit on the basis of your sponsorship application before your temporary resident status in Canada expires.
2. You must have had valid temporary resident status in Canada at the time of your initial application for permanent residency.
3. You must remain in Canada and not leave the country between the time your existing temporary status expires and the time you receive the new open work permit.

If you held a valid work permit at the time you applied for the spousal open work permit, then you can continue to work while you wait for the new permit to be issued. (This includes holders of IEC work permits and international graduates holding a post graduation work permit).



If you had a valid study permit or visitor status when you applied for the spousal work permit, then you can remain legally inside Canada but you must wait to begin working until the SOWP application has been approved.

What are the benefits of an open work permit?

There are several benefits of having an open work permit while your sponsorship application is being processed.

Firstly, an open work permit allows you to work for any employer in Canada, and that employer does not need to obtain any special permission, like an LMIA (Labour Market Impact Assessment), in order to hire you. Open work permit holders have the right to work for any employer across Canada and are protected by Canadian labour laws. It makes it much easier to get a job offer as a sponsored spouse.



Secondly, having a work permit can also make it easier for you to obtain certain services as a foreign national, such as a social insurance number, a bank account, a driver's license or public health care coverage.

Thirdly, an open work permit also allows you to support yourself financially while your sponsorship application is being processed, which can relieve some of the financial burden on your common-law partner or spouse and help with your family’s financial stability.

Working in Canada with a Spousal Open Work Permit

A spousal open work permit gives you the freedom to join the Canadian workforce while your permanent residence application is being processed. With this permit, you are not tied to a specific employer or job, which means you can explore a wide range of employment opportunities across the country. Whether you want to gain Canadian work experience, support your family financially, or build your career in a new field, a spousal open work permit can open many doors for you and your family.

What jobs can I do?

With a spousal open work permit, you have the flexibility to work in almost any occupation in Canada. This includes positions in the natural and applied sciences, healthcare, social services, and many other sectors. You are not limited by job title or employer, so you can pursue opportunities that match your skills and interests. For example, if you have a background in nursing science, dental surgery, or applied sciences, you can seek employment in those fields—though you may need to obtain additional certifications or register with a professional regulatory body, depending on the province and the specific occupation. It’s a good idea to research the requirements for your chosen profession before applying, especially for regulated jobs in areas like health care or engineering. The open work permit allows you to gain valuable Canadian work experience, which can be beneficial for your long-term career and settlement in Canada.

Are there any restrictions or conditions?

While a spousal open work permit offers significant flexibility, there are some important restrictions and conditions to keep in mind. Certain occupations are excluded from the open work permit program, such as jobs involving escort services, erotic dance, or work in establishments that regularly offer striptease. These restrictions are in place to protect public safety and align with Canadian immigration policies.



If you want to work in an occupation in healthcare, education or agriculture, you may need to take a medical exam before submitting your application for an open work permit; otherwise, your open work permit may state that you cannot work in those occupations.

Rights and responsibilities as a worker

As a spousal open work permit holder, you are entitled to the same rights and protections as any other worker in Canada. This includes the right to fair wages, safe and healthy working conditions, and access to employment benefits such as health care and workers’ compensation. You are also responsible for following Canadian laws and regulations, including those related to taxation, employment standards, and workplace safety. Understanding your rights and responsibilities is key to having a positive work experience in Canada. If you have questions or concerns about your employment situation, you can reach out to government agencies or consult with a qualified immigration lawyer for guidance. By staying informed and proactive, you can make the most of your time working in Canada with a spousal open work permit.

What is the validity of a work permit for a sponsored spouse?

The validity of a work permit for a sponsored spouse is normally 2 years, which allows plenty of time for your sponsorship application to be approved.



It is important to note that the validity of the work permit will also be limited by the validity of your passport. If your passport is expiring soon, your work permit should only be issued for the same period as your passport’s validity.

My sponsorship was cancelled. What happens to my open work permit?

Sometimes relationships don’t work out. If your sponsorship application is cancelled because you have separated from your spouse or common law partner, it may affect your open work permit, depending on where in the process you are at the time your relationship dissolves.

If the open work permit has already been issued, then it will remain valid until the expiry date on the permit, and you can continue to work and remain in Canada during the authorized stay while you plan for your future.



If the open work permit has not been issued as of the date of your separation, then that application is likely to be cancelled along with the sponsorship application as you are no longer eligible, and you will need to explore alternate options if you wish to remain inside Canada.

My sponsorship was approved. What happens to my open work permit?

If your sponsorship application is approved and you are granted permanent residency, you will no longer need a work permit to work in Canada. You are now eligible to work for any employer in Canada without restrictions.

Can my dependent children and other family members be included in my open work permit application?

No. While a dependent child is included in your permanent residence application, a dependent child cannot be included in your open work permit application—they can only apply for a visitor record or a study permit if they plan to stay in Canada with you. Other family members, such as siblings or parents, are not eligible to be included in your spouse’s open work permit application.

Are there differences between the spousal open work permit for spousal sponsorship applicants and for spouses of foreign workers or international students?

Yes. Spousal open work permits under Canadian immigration are available in different situations.

• If you’re applying for permanent residence through spousal sponsorship, you could be eligible for a spouse’s open work permit while waiting for your permanent residence.
• Spouses of most foreign workers or international students may also qualify for an open work permit, but the rules are different. As of January 21, 2025, IRCC introduced new restrictions, tightening the previous work permit eligibility criteria on spouse’s open work permits. Now, only spouses of a principal applicant who is a high-skilled foreign worker in an eligible occupation—or certain students in a qualifying study program—could be eligible. For international students, only spouses of students enrolled in eligible programs, such as degree-granting programs, qualify for a spousal open work permit. The spouse of a foreign worker may only qualify for an open work permit if the foreign worker is employed in a TEER 0 or TEER 1 occupation, or in certain TEER 2 or 3 occupations related to labour shortages or government priorities (such as healthcare, construction, or education). These restrictions do not apply to spouses of workers under free trade agreements such as CUSMA. The Atlantic Immigration Program also exempts family members from certain recent restrictions on open work permits, supporting family reunification and settlement in Atlantic Canada. Family members of provincial nominees are generally not subject to the recent restrictions on spousal open work permits.
• Dependent children are no longer eligible for open work permits in most cases, and these changes affect many foreign nationals applying through family-based work permit pathways. 

What is the purpose of a spousal open work permit in Canadian immigration?

It allows sponsored spouses or partners in a common law union to work in Canada while waiting for their permanent residence. This helps keep families together and supports them financially during the sponsorship process. It’s one of several ways Canadian immigration aims to promote family unity.

Where does the spousal open work permit fit in the Canadian immigration process?

It plays a key role in the Canadian immigration process, particularly for families seeking to reunite and build a life together in Canada. This permit allows spouses or common-law partners of Canadian citizens and permanent residents to work in Canada while their permanent residence application is under review. By enabling family members to work, the work permit helps them integrate into Canadian society, gain valuable work experience, and contribute to the local economy. Typically, the spousal open work permit is applied for after the principal applicant has submitted their permanent residence application and received an Acknowledgement of Receipt (AoR) from Immigration, Refugees and Citizenship Canada (IRCC). This process ensures that families can remain together and support each other throughout their Canadian immigration journey.

What happens if my spousal open work permit application is refused? Can I appeal?

If your application is refused, you still have options. In many cases, you may be able to reapply for a work permit if you can address the reasons for the initial refusal—such as providing additional documentation or clarifying information requested by IRCC. It is important to carefully review the refusal letter and ensure that any new application directly responds to the concerns raised. Keep in mind that a refusal can affect your ability to work in Canada and may have implications for your future immigration applications, so it is important to act promptly and thoughtfully if your open work permit application is not approved.

FAQ – Spousal Open Work Permit

Conclusion

Applying for a Canada spousal open work permit through open work permit spousal sponsorship is a key step for many couples who want to stay together while waiting for permanent residence. It can provide several benefits, including the ability to work in Canada, healthcare coverage and the ability to support yourself financially while your spousal sponsorship application is being processed. By knowing your options and eligibility, you can make an informed decision on whether to apply for a spouse's open work permit during your spousal sponsorship process in Canada.

At The Way Immigration, we are Regulated Canadian Immigration Consultants who have handled thousands of spouse and common law partner sponsorships for immigration to Alberta or other parts of Canada, along with the associated work permit applications. We have pretty much seen it all! We would be happy to answer any questions you might have about your situation – please book an appointment online today.