If you’re sponsoring your spouse or common-law partner to come to Canada, there’s a way they can live and work in Canada while their permanent residency (PR) application is being processed. This is done through an open work permit (OWP), which allows them to work for almost any employer in Canada without being tied to a single job.
Getting an open work permit not only lets your partner earn and support themselves, but also ensures they can stay with you in Canada during the long PR application process, which can take a year or more.
How Spousal Sponsorship Works
Canada offers two main ways to sponsor your spouse or partner: inland sponsorship and outland sponsorship. Understanding the difference will help you know how the open work permit fits in.
Inland Sponsorship (Spouse or Common-Law Partner in Canada Class)
You can choose inland sponsorship if your spouse or partner already lives with you in Canada and has a valid temporary status (like a visitor, worker, or student).
Important points for inland sponsorship:
- Your partner must stay in Canada while the application is being processed.
- If the application is refused, there is no right to appeal.
Outland Sponsorship (Family Class)
Outland sponsorship is for couples where your spouse or partner lives outside Canada, or if they are in Canada but don’t plan to stay the entire time.
- Outland applicants can still come to Canada while waiting for PR by applying for a visitor visa first, then switching to an open work permit once they arrive.
- This method also allows the sponsor to appeal a refusal, giving an extra layer of security.
Who Can Get an Open Work Permit While Being Sponsored?
To qualify for an open work permit, your spouse or partner must:
- Live in Canada with you, the sponsor.
- Be in a genuine relationship with you.
- Be included in your PR sponsorship application and have received an Acknowledgment of Receipt (AOR) from IRCC.
- Have valid temporary resident status in Canada (visitor, worker, or student), or be covered by IRCC’s spousal public policy.
Your partner cannot apply if:
- Their PR application has been refused, withdrawn, or returned.
- They want to apply for a work permit at a port of entry (the policy is only for in-Canada applications).
How Inland Sponsorship + Open Work Permit Works
If your spouse or partner is already in Canada:
- Submit the PR sponsorship application online through IRCC’s portal.
- After IRCC checks the application, they will issue an AOR, confirming the application is complete.
- With the AOR, your spouse or partner can apply online for an open work permit.
When applying for the OWP, they need to:
- Select “Open work permit” as the type of work.
- Enter “SCLPC FC OWP” as the job title and “SCLPC FC applicant in Canada public policy” as the description.
- Upload supporting documents like the AOR, temporary status proof, and relationship proof (marriage certificate or common-law declaration).
While waiting for the OWP to be approved:
- They must maintain legal temporary status.
- They cannot start working until the open work permit is issued, unless they already have another valid permit that allows them to continue working.
How Outland Sponsorship + Open Work Permit Works
If your spouse or partner is outside Canada:
- Submit the PR sponsorship application and wait for the AOR.
- Apply for a visitor visa to come to Canada while the PR application is processed.
- This visa can sometimes be fast-tracked if the PR application is in progress.
- Approval is not guaranteed; they must prove they meet visitor visa requirements.
- Once in Canada, they can apply for an open work permit just like inland applicants.
Step-by-Step Table for Outland Applicants
| Step | What to Do |
|---|---|
| 1 | Submit PR sponsorship application under Family Class |
| 2 | Wait for Acknowledgment of Receipt (AOR) from IRCC |
| 3 | Apply for a visitor visa to come to Canada |
| 4 | Arrive in Canada and live with the sponsor |
| 5 | Apply for an open work permit from within Canada |
Can my spouse work immediately after arriving in Canada?
No. They must apply for and receive the open work permit before starting work, unless they already have a valid work permit.
Can my spouse work for any employer in Canada?
Yes. An open work permit is not tied to a specific employer, but some jobs like healthcare or childcare may require additional checks.
What happens if my spouse’s PR application is refused?
They will not be eligible for the open work permit. It’s important to maintain temporary status while waiting for the PR decision.
Can we apply for an OWP if my spouse is out of status in Canada?
They may qualify under IRCC’s spousal public policy, but only after receiving approval in principle.
How long does it take to get an open work permit?
Processing times vary. It’s best to check IRCC’s online processing tool for the most accurate estimate.
