Open Spousal Work Permit Requirement



What is an Open Spousal Work Permit?

Do you wish for your spouse to have the opportunity to work while they are waiting for their permanent residency application? Does your spouse wish to experience what the Canadian economy market has to offer? If so, your spouse should apply for an open spousal work permit. It is important to note that an open spousal work permit is permitted to spouse’s who are also awaiting the decision of their spousal sponsorship. In this particular circumstance, an open spousal work permit allows your spouse to work for any employer in Canada while they wait for their permanent residency application status. In this article, I will explain in detail, who is eligible for an open spousal work permit and who is not, how to start the process of obtaining an open spousal work permit and further steps.

Who Can Apply for an Open Spousal Work Permit?

In order to determine who can apply for an open spousal work permit, it entirely depends on the type of spousal sponsorship application you had made prior to the open work permit application. There are two different spousal sponsorships; they are an inland spousal sponsorship and an overseas spousal sponsorship. Only one of the two spousal sponsorships is actually qualified to apply for an open spousal work permit; that is the inland spousal sponsorship. If your spouse is already residing within Canada, they are able to apply for an open spousal work permit. The only requirement that the spouse must take into consideration before applying is that they first need the approval from Immigration that the sponsoring spouse can indeed sponsor. Once they receive this confirmation, the first step of the spousal sponsorship is complete and thus the spouse may then apply for the open spousal work permit.

In most cases, Immigration will inform you if you’re eligible to apply for an open spousal work permit, when you receive communication that the first stage is accepted. Additionally, if you’d prefer to speed up the process, you may also apply for an open spousal work permit at the same time as your spousal sponsorship application. If this is done, then it is highly likely you would receive your open spousal work permit once the first stage of the spousal sponsorship is complete. This can significantly benefit spouses who are already working temporarily in Canada as their awaiting open work permit permits them implied status in Canada. In this particular circumstance, the spouse may continue working, even if their current temporary work permit expires, until they receive a decision on the status of their open spousal work permit.

In contrast, open spousal work permits do not apply to overseas spousal sponsorships. The first stage of the spousal sponsorship will not guarantee an opportunity for a work permit for the spouse. In this scenario, the spouse could temporarily work in Canada, but they would be subject to the regular requirements of a work permit. Also, if the spouse decides to work temporarily in Canada on a work permit, they must also first have an offer of employment from an employer in Canada. Nonetheless, if your spouse decides to apply for a temporary work permit, Immigration often examines whether their stay is intended for temporary purposes or for a long-term stay. If the intention is for the latter, the Immigration officer will refuse the application due to insufficient reasoning that the spouse will leave Canada at the end of their temporary work permit.

How Long is Open Spousal Work Permit Valid for?

When and if you are granted the open spousal work permit, the initial work permit is usually only granted for a one year time period. However, this depends on the application processing time for the spousal application. Keep in mind, if your spousal sponsorship application has not yet come to a decision, you may apply to extend your open spousal work permit.

What is Required for an Open Work Permit?

In order for your spouse to apply for an open spousal work permit, they must provide some details of themselves. Thankfully, under this specific work permit, you are not required to have a valid job in Canada and an offer an employment, in order to work. You are allowed to work for any employer in Canada. However, even so, to determine if you are qualified to work in Canada, you will need to provide details of: your nationality; your language ability – in Canada, there are two main languages, English or French; your age; your family; your level of education; your previous work experience; your income and financial support; and details of the type of job you’d like to obtain in Canada. The answers you provide to these specific factors will determine whether you successfully obtain an open spousal work permit. It is important to remember that with any application, the ultimate decision is made by the immigration officer reviewing your case. At Akrami & Associates, we can assist with making your case strong and providing evidence that supports your application, however, the decision is out of our hands.

Contact Akrami & Associates to Apply for an Open Spousal Work Permit

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for an Open Spousal Work Permit. Applications for work permits, by themselves, are difficult applications to pursue on your own. Therefore, open spousal work permits can be highly advanced and difficult. It is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain entry into Canada to work for Canadian companies. If you believe that you may be eligible for an Open Spousal Work Permit, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!