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Spouse Open Work Permit

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What is Spouse Open Work Permit ?

The Spouse Open Work Permit (SOWP) allows the spouse or common-law partner of a foreign worker or international student in Canada to apply for an open work permit, enabling them to work for any employer across the country with minimal restrictions. This provides a fantastic opportunity for spouses to gain Canadian work experience, earn an income, and actively contribute to the household while supporting their partner's work or study journey in Canada. Eligibility for the SOWP is determined by the status and program of the principal applicant. Beginning January 21, 2025, the program will focus on spouses of foreign workers and international students enrolled in specific programs. This update ensures that more families can take advantage of this opportunity, creating a positive and supportive environment for families while they live and grow together in Canada.

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About

A Spousal Open Work Permit (SOWP) for the spouse of a skilled foreign worker allows the spouse to work in Canada with few restrictions, provided the principal applicant holds a valid work permit in a high-demand occupation, as defined by Canada's immigration policies. Starting January 21, 2025, Canada will implement changes to the eligibility criteria for Spousal Open Work Permits (SOWPs). Under the new rules, only spouses of foreign workers will be able to apply for an open work permit. This means spouses will have the opportunity to work anywhere in Canada with few restrictions, but eligibility will depend on the principal applicant's status and program. For foreign workers, spouses may qualify for a SOWP if the applicant holds a work permit in certain occupations and meets specific requirements regarding the length of their work permit. This change will help ensure that spousal work permits align more closely with Canada's labour market needs and immigration objectives.

Eligibility

  • Spouse OWPs are limited to spouses of foreign workers employed in:
    • TEER 0 or 1 occupations, or Select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities.
  • Occupations in the following sectors:
    • Natural and applied sciences
    • Construction
    • Health care
    • Natural resources
    • Education
    • Sports and military sectors
  • Proof of Relationship
    • You must provide evidence that you are in a genuine relationship with your spouse, such as marriage certificates, joint bank accounts, shared lease agreements, etc.
  • Family member eligibility depends on:
    • Whether the foreign worker is on a pathway to or has already applied for permanent residence.
  • The type of worker the foreign worker is in Canada:
    • High-skilled occupations in TEER 0 or 1
    • Select high-skilled occupations in TEER 2
    • Select high-skilled occupations in TEER 3
  • In Addition:
    • The foreign worker must have at least 16 months remaining on their work permit when the spouse applies for the OWP.
    • Dependent children of foreign workers are no longer eligible for a Spousal Open Work Permit.

How to Apply

To apply for the Spousal Open Work Permit (SOWP) for a spouse of a skilled worker, the applicant must first verify that they meet the eligibility criteria, which include being the spouse of a foreign national working in Canada in a skilled occupation. This ensures that the applicant can work in Canada while their spouse continues their employment. The application process is done online through the Immigration, Refugees, and Citizenship Canada (IRCC) website, where all required documents must be uploaded for review. Once the application is submitted, IRCC will assess it based on the applicant's eligibility and supporting documentation, which can take several weeks. If the application is approved, the applicant will receive an open work permit, allowing them to work for any employer in Canada.

Documents Required

  • Identity Documents
    • Valid passport or travel document.
  • Proof of Relationship
    • Marriage certificate or proof of common-law relationship.
  • Legal Status Documents
    • Proof of legal status of the spouse in Canada (work permit).
  • Proof of employment
  • Proof of funds, A medical examination and a police clearance certificate (for spouse)

Application Fee

  • Spousal open work permit applicants will need to pay a total of $340
    • Processing Fee: $155
    • Open Work Permit Holder Fee: $100
    • Biometrics Fee: $85

Processing Time

Processing times for Spousal Open Work Permits (SOWPs) in Canada can vary based on several factors, including the applicant's location and the completeness of the application. While Immigration, Refugees and Citizenship Canada (IRCC) provides general processing times, actual durations may differ.

  • General Processing Times:
    • Inside Canada Applications: IRCC aims to process most work permit applications submitted within Canada within 120 days.
    • Outside Canada Applications: For applications submitted from outside Canada, IRCC targets processing within 60 days.

Advantages

The Spousal Open Work Permit (SOWP) for the spouse of a skilled worker in Canada offers several benefits, including the ability to work for any employer across the country without restrictions. This open work permit does not require a Labour Market Impact Assessment (LMIA), streamlining the application process. The spouse can gain valuable Canadian work experience, which could be advantageous for future permanent residence applications. Additionally, working in Canada allows the spouse to contribute to the household income and access social services, such as healthcare, depending on the province. Overall, the SOWP provides greater career flexibility, financial independence, and supports the family’s long-term goals in Canada.

other important FAQs

What is a Spouse Visa for Canada?
A spouse visa for Canada, also known as Spouse Sponsorship, allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner to live and work in Canada. The sponsorship allows your spouse to apply for permanent residence in Canada. The process involves the Canadian sponsor submitting a sponsorship application, while the spouse applies for permanent residency. If approved, the spouse will be allowed to move to Canada and enjoy the rights of a permanent resident.
What is the process of sponsoring a spouse to Canada?
The process of sponsoring your spouse to Canada involves two main applications: Sponsorship Application: The Canadian citizen or permanent resident must apply to sponsor their spouse. This includes proving that they can support their spouse financially and that they meet the requirements to be a sponsor. Permanent Residency Application: The spouse (or partner) submits an application for permanent residency. This requires providing documents that demonstrate the genuineness of the relationship and any other required information (e.g., police certificates, medical exams). Once both applications are submitted, the Canadian immigration authorities will review them. If approved, the spouse will receive permanent residency status, allowing them to live and work in Canada.
What is the minimum income requirement for sponsoring a spouse?
Unlike some other family sponsorship categories, there is no minimum income requirement for sponsoring a spouse if the sponsor does not have dependent children. However, the sponsor must be able to demonstrate that they can support their spouse financially, so they do not need to rely on social assistance. When applying to sponsor a spouse, the sponsor signs an undertaking to support the spouse financially for three years after the spouse becomes a permanent resident. This ensures that the spouse can be supported in the early years of their stay in Canada. The sponsor must prove that they can fulfil this commitment.
Can I sponsor my common-law partner for a Canadian visa?
Yes, if you are in a common-law relationship (living together for at least one year), you can sponsor your partner to Canada. The process is very similar to sponsoring a spouse, but there are additional requirements: You need to provide proof of the common-law relationship by showing that you and your partner have been living together for at least one year. This could include joint lease agreements, shared financial responsibilities, and other documentation to prove that you have been in a committed relationship. It’s important to clearly show that your relationship is genuine and not just for the sake of immigration. Documents such as shared bank accounts, joint utility bills, or statements from family and friends can help prove the authenticity of your relationship.
What happens if my spouse visa application is refused?
Your application will be refused with a rejection letter from IRCC stating which grounds led the officer to refuse. Usually these have been: Reasons behind your application rejected: Lacking or insufficient documents. Failure of proving the relationship is real and genuine. Health or security concerns regarding your spouse. Appeals that can be made if your application gets rejected: Appeal: Depending upon the nature of the refusal, there might be some scope to appeal it to IAD or may request for reconsideration. Reapply: Where the refusal occurred because of missing documents or due to some minor mistake that can be rectified and a new application may be made. Then make sure that new application is duly filled and problems which have led to refusal of the initial application are properly taken care of in new application.
What is the minimum income requirement for sponsoring a spouse?
While this is different from some other categories of family sponsorship, the sponsoring spouse need not have any income if there are no dependent children. In order to demonstrate this, however, the sponsor has to prove he or she has sufficient means of support for a spouse, hence no requirement to apply for social assistance. In the case of sponsoring a spouse, the sponsor signs an undertaking to support the spouse financially for three years after the spouse becomes a permanent resident. This guarantees that the spouse can be supported in the first couple of years of their stay in Canada. The sponsor must prove that they can fulfil this commitment.
Can my spouse work while waiting for the spouse visa approval?
If your spouse is already in Canada and has applied for a spouse sponsorship, they may be eligible to apply for an open work permit while waiting for their application to be processed. An open work permit allows your spouse to work for any employer in Canada during the waiting period. This work permit is typically valid until a decision is made on their permanent residency application. If your spouse is outside of Canada, they cannot work until they are granted permanent residency and enter Canada. After landing, they can begin working right away. However, waiting for a spouse visa while abroad usually means no employment rights until approval.
Is it possible to expedite the processing of my spouse visa application?
In most cases, spouse sponsorship applications cannot be expedited under normal circumstances. The process typically takes 12 to 24 months, and the immigration authorities follow a set procedure that ensures fairness and thorough review. However, there are some exceptions where an application may be expedited: Urgent Humanitarian and Compassionate Grounds: If there is a serious humanitarian reason (such as a medical emergency, risk to life, or family separation) that requires immediate attention, you may be able to request an expedited processing of your application. This request must be supported by strong evidence, and it’s up to the discretion of the IRCC to determine whether it qualifies for expedited processing. Complete and Well-Prepared Application: Although not technically an expedited process, submitting a complete and well-documented application can help avoid delays caused by missing or unclear information. A more efficient application process can indirectly lead to quicker results.
Shall I know the very recent updates about Spouse visa?
The Government of Canada is strengthening the integrity and quality of its temporary resident programs, all in line with the objectives of the country's economic strategy and labor market. Along with the more general changes announced in September 2024, Immigration, Refugees and Citizenship Canada will modify eligibility for open work permits (OWP) for the family members of international students and foreign workers. Starting January 21, 2025, spouses of only some international students and foreign workers will be allowed to apply for a family OWP. This includes spouses of international students enrolled in master's programs that last 16 months or longer, doctoral programs, or selected professional and eligible programs. Moreover, family OWPs will be only available to spouses of foreign workers employed in TEER 0 or 1 occupations, or certain TEER 2 or 3 occupations in sectors that have labour shortages or align with government priorities. These sectors are natural sciences, construction, healthcare, natural resources, education, sports, and military. The office will publish a comprehensive list of eligible occupations on January 21, 2025. Besides, the foreign worker must have at least 16 months left on their work permit at the date the spouse applies for the OWP. Dependent children of foreign workers would no longer qualify for family OWP as a result of this change. Existing OWPs approved under the old rules are valid as they have not yet expired. If family members, including spouses and children, need more time to complete their program or their work permit was issued for a lesser duration than that of the principal applicant's permit, they can apply for renewal of their permit as long as they meet the same criteria and request a duration matching the principal applicant's permit. Changes will not impact spouses of workers under free trade agreements and those transitioning to permanent residency. Those losing eligibility for the family OWP are welcome to apply for any other type of work permit, depending on their eligibility under Canada's Work Permit Programs.
HOW KGraph immigration help clients in the case of spouse visa?
KGraph Immigration is here to offer valuable support throughout the process of applying for a Spouse Visa to Canada, aiming for the experience to be as smooth and straightforward as possible. We start by helping in assessing eligibility, ensuring that it is both the sponsor and the spouse that are validly related, financially stable, and on legal grounds. Our team will help you gather, organize, and prepare the paperwork, such as marriage certificates, proof of relationship, medical exams, and financial proof for completeness and accuracy. We can also assist you in filling out the required forms, filing your application on time, and communicating with Immigration, Refugees and Citizenship Canada during the process. If there are additional requirements or further interviews requested, we will support you in responding accordingly. Besides this, we advise on supporting documents such as letters of support and proof of financial capability, demonstrating your intent and ability to support your spouse. We monitor your application's progress throughout the process and keep you updated on the developments, in case of an issue arising at any point of time. Once the application is processed, we can guide you through the next steps, including preparation for your spouse’s arrival and settlement in Canada. With our expertise, we aim to handle the complexities so you can focus on reuniting with your spouse and starting a new chapter together in Canada.

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