Sponsoring Your Spouse to Canada
Are you a Worker or Student with a spouse or common-law partner who would like to work in Canada? In some cases, the spouse or common-law partner of work and study permit holders may be eligible to apply for an open work permit. This blog will discuss the spousal open work permit, including who is eligible and the application process for getting a spousal open work permit.
What is a Spousal Open Work Permit
A spousal open work permit is a work permit that will allow your spouse or common-law partner to work legally in Canada. Because it is an open work permit, if approved, it will allow your spouse or common law partner to work for any employer within Canada.
Who is Eligible for a Spousal Open Work Permit
In order to be eligible for a spousal open work permit, you fall under one of the following categories:
Spouse or Common Law Partner of an International Student
If you are the spouse or common-law partner of a foreign worker who is in Canada on a valid study permit, otherwise an international student, you may be eligible for an open work permit. With the open work permit, you will be allowed to work full-time for any employer while your spouse studies.
Spouse or Common Law Partner of a Worker
If you are the spouse or common-law partner of a foreign national who is in Canada on a valid work permit, you may be eligible to apply for an open work permit. In addition to other requirements, your spouse or common-law partner must be working in an occupation that is a NOC skill level 0, A or B.
Applicants in An In-Land Spousal or Common-law Sponsorship Application
If you in Canada and being sponsored by your spouse or common-law partner in an in-land spousal sponsorship application for permanent residence, you may be eligible to apply for an open work permit. To qualify, you will need to have valid temporary resident status either as a Visitor, Student or Worker. You can submit your application for an open work permit along with your sponsorship application. If your application is complete, CIC will take about four months to approve the work permit and this will allow you to work until a decision is made on your permanent residence application.
What are the Requirements for an Open Work Permit
Like all temporary resident visas, an open work permit grants temporary status so it is important that when applying for these types of applications, you ensure that you show to the officer that you meet all the necessary requirements. Unless you are applying as part of a in-land spousal or common-law application, you must show strong ties to your home country and convince the officer that you will leave Canada at the end of your authorized stay. On the other hand, those applying for an open work permit under the in-land spousal or common law application must show proof of their valid status in Canada and also that they are an applicant in an in-land Spousal or common-law sponsorship application.
How do I Apply for a Spousal Open Work Permit
Those who qualify for a spousal open work permit will not need a Labour Market Impact Assessment (LMIA) or proof that an employer has submitted an offer for them. To apply, you will need to complete the required government forms, provide the necessary support documents and pay the processing fee.
Applications may be submitted either online or by paper. If submitting by paper, it is important that you make sure to submit your application to the correct processing centre. Processing times for open work permits may vary depending whether you submit online or by paper. Online applications usually take anywhere from 2 to 3 months whereas paper applications may take anywhere from 3 to four months.
What Are the Conditions that will be Attached to my Work Permit
The conditions that apply to your status as an open work permit holder may be written on your work permit document. Some of these conditions may include the type of work you can do, the employer you can work for, where you can work and how long you can work. Other conditions that apply to all work permits but may not be written on your work permit include prohibition from working for an employer in any business where employees may at risk of sexual exploitation, including strip clubs, massage parlor or escort service.
For How Long Will My Spousal Open Work Permit be Valid
A spousal open work permit is a temporary status document. As a result, it will only be valid for the period authorized by the Officer. If eligible, you can extend your work permit before it expires. You will be allowed to work under implied status until a decision is made on your application for extension. Applications may be submitted by paper or online.
If your status has already expired, you will have fewer than 90 days to apply to restore your status as a worker. At this point, you must stop working until you receive your restored work permit. If you do not apply within the required 90 days after the work permit expires, then you will lose your status as a worker. If you lose your status as a worker, you will not be permitted to work in Canada.
Contact Akrami & Associates
At Akrami & Associates, we have assisted many of our clients to apply for a spousal open work permit. Whether you are applying because your spouse or common law partner is a student, working or you are being sponsored in an in-land common-law or spousal application, we can help you. A work permit is a temporary status document and like all other temporary status visas, they are not easily approved. It is important to know the eligibility requirements and to ensure that your application is prepared properly. The immigration law professionals at Akrami & Associates have the experience and knowledge to deal with even the most complex cases. Call our immigration experts today to see how we can assist you. You can contact us at 416-477-2545 and always remember that at Akrami & Associates.