In Canada, an Open Work Permit (OWP), permits a foreign person to work for any Canadian company for a set length of time. As OWPs are not job-specific, companies or hirers do not need to provide any sort of confirmed employment offer or letter first. The most significant benefit of having an open work permit is the ability to work in any occupation or for any company of your choice. Some open work permits can have certain specific rules or restrictions for the type of job or location where the foreign national may work.
Eligibility to apply for SOWP
In many cases we see that before flying to Canada, many students and their spouses or partners will apply together for a Study Permit and Spousal Open Work Permit. A person applying for a spouse open work permit should have his or her partner already studying in the country. If the person applying for an open work permit is spouse to the one studying in Canada then they should be in a real relationship with each other, and also have received an Acknowledgement of Receipt (AOR) letter stating that your permanent residence application is being processed. It is also important that the person applying for the open work permit is living with his or her sponsor in Canada.
You may be eligible for an open work permit if your spouse is currently working or studying in Canada, or if you have applied to be sponsored for permanent residence by your spouse or partner in Canada. The procedure for applying for a spouse open work permit will differ based on the type of spouse open work permit you require. The first step is to figure out which work permit is right for you. If you need assistance navigating the application for Spouse open work permit Canada or anywhere else, please feel free to contact with West Highlander, we have been helping applicants to get Canada spouse visa for the last 18 years. Thus a member of our team can assist you in booking a session.
SOWP Canada Requirement
There are certain requirements that need to be kept in mind before applying for SOWP:
- You must be in a real relationship with a citizen, permanent resident, or eligible foreign national.
- Submit an application for permanent residence through the Spousal/Common-Law Partner Sponsorship Immigration Program.
- Physically reside in Canada or intend to do so while employed.
- Have been in a steady and serious relationship for at least a year.
Different Categories for Open Spousal Work Permit Canada
In Canada, there are three categories for spousal sponsorship:
- Spouse
- Common-law partner
- Conjugal partner
In order to qualify for the spousal sponsorship certain rules are meant to be kept in mind such as, both the sponsor and the partner must be at least 18 years old at the time of application and it is important for the partner to fall within one of the three categories. Also a person can apply for a spousal open work permit only if, a spouse, common-law partner, or conjugal partner is already living in Canada and who is being sponsored for permanent residence.
Also the immigration, Refugees, and Citizenship Canada (IRCC) permits temporary residents’ spouses or common-law partners to apply for a spousal open work visa under two Labor Market Impact Assessment (LMIA) exemption categories:
You may be able to apply for a SOWP under the C41 LMIA-exemption category if your spouse or partner obtains a Canadian work permit. Most work permit categories, including open work permits such as Post-Graduation Work Permits (PGWPs), Bridging Work Permits (BOWP), and employer-specific work permits, are eligible for this exemption.
If your spouse or partner is a full-time student with a Canadian study permit, you may be qualified to apply under the C42 LMIA-exemption category. In most situations, your spouse must be enrolled in a study program that qualifies them for a Post-Graduation Work Permit following graduation.
As the spouse of a work permit or study permit holder, these two categories make it easier for you to apply for, and get a work permit. You are not required to submit a Labor Market Impact Assessment or proof of an employer’s offer of employment if you apply under either category.
Documents required for Spouse open work permit
The documentation needed for a Canadian spouse work visa will vary depending on the category for which you are seeking. As part of their work visa application, applicants may be required to submit the following documents:
- Letter of Acknowledgement of Receipt (AOR)
- Provincial nomination certificate (if applicable)
- Application forms that have been completed
- Proof of spouse’s Canadian residency
- Marriage certificate or proof of common-law relationship
- Proof of relationship to the major applicant
- A valid copy of your passport
- The results of your medical check-up (if needed)
- Proof of payment for any necessary government fees
Programs that provide help in spouse open work permit
It can be confusing for people to understand that which programs can help their spouse to get a spousal open work permit easily. There are certain programs that may be eligible for a spousal open work permit if a person’s spouse or common law partner is doing it:
- An Atlantic Immigration Program (AIP) work permit
If your spouse or common-law partner has applied for permanent residence (PR) through the Atlantic Immigration Program (AIP) and has received a work permit while their application is being processed, you can also apply for a SOWP under section C41 if your spouse or partner is currently working in Canada in a Training, Education, Experience and Responsibilities (TEER) category occupation.
- A work permit as a Quebec Selection Certificate (CSQ)
The Quebec government issues a Quebec Selection Certificate (CSQ) to candidates who have been chosen for immigration to the province. You can apply for a spouse open work permit under section C41 if your spouse or common-law partner has an employer-specific work permit as a CSQ holder and is eligible for the International Mobility Program Plus.
- A Bridging Open Work Permit (BOWP)
If your spouse or common-law partner possesses a BOWP, which is a work permit while you await the outcome of a PR application, you can apply for a SOWP under section C41. As the primary foreign national, your spouse or common-law partner must reside in Canada, however you may reside elsewhere, that is, outside Canada. Both applications can be submitted concurrently if you live in Canada, however the SOWP cannot be issued before the BOWP.
- A Study Permit
A person who is trying to get an open spouse work permit has to make sure that his or her spouse is enrolled in a post graduate program in Canada and that the program he or she is enrolled in is a work permit eligibility program. Also a spouse cannot apply for a work permit if he or she is already study permit holder.
- Permanent residence in Canada
If your spouse is sponsoring you to become a permanent resident through the Family Sponsorship program, you can apply for an open work permit once you have received your acknowledgement of receipt (AOR) letter.
How to apply for a spousal open work permit
- A scanner or camera should be kept handy to make electronic copies of your documents, passports or other identity documents.
- Before submitting your application, read the instruction manual. Each field in the form marked compulsory has to be filled.
- Collect all of the necessary documentation. When you apply online, you will be given a personalized document checklist.
- Complete the document checklist and any necessary forms.
- Sign up for an IRCC secure account or log in to your existing one.
- Fill out the forms completely and accurately.
- Sign and date your documents.
- Pay your fees and submit your application and all accompanying documents online.
Thus your application will be submitted and will start to get processed. The processing time of your SOWP can vary depending on various elements, such as what type of permit or visa your spouse or common law partner has and the country your application has been submitted from. For guidance and assistance in the work permit you can also contact the best consultancy in Chandigarh West Highlander Consultancy Services. West Highlander has an expertise of 18 years and assures a secure and helpful counselling throughout the process.