A spouse or partner being sponsored for Canadian permanent residence may be able to apply for an open work permit while their application is being processed.
This can allow the applicant to work for most employers in Canada, earn an income and gain Canadian work experience while waiting for a decision. However, the work permit is not automatic, and applicants must meet specific Immigration, Refugees and Citizenship Canada requirements.
Who May Qualify for a Spousal Open Work Permit?
You may qualify if you are:
- A spouse, common-law partner or conjugal partner living in Canada who is being sponsored for permanent residence; or
- An eligible accompanying dependent child of the principal applicant.
The principal applicant must generally:
- Have a genuine relationship with the sponsor;
- Be included in the permanent residence application;
- Live in Canada with the sponsor;
- Have received an Acknowledgement of Receipt, commonly called an AOR; and
- Have valid temporary resident status, maintained status or be eligible to restore their status.
An AOR confirms that IRCC has reviewed the permanent residence application for completeness and started processing it. The application number normally begins with the letter “F.”
Review the current requirements on the IRCC spousal open work permit page.
Can You Apply Without an AOR?
In limited circumstances, an applicant may apply before receiving an AOR if:
- Their work permit, study permit or temporary resident status expires in two weeks or less; and
- Their permanent residence application was submitted under the Spouse or Common-Law Partner in Canada Class or the Family Class as a spouse, common-law partner or conjugal partner.
The applicant should provide proof that the permanent residence application was submitted, together with evidence of their current immigration status.
Can Someone With Visitor Status Apply?
A sponsored spouse or partner with valid visitor status may qualify for an open work permit if all other requirements are satisfied.
Visitor status does not itself authorize employment. The person must wait until the work permit is approved before beginning work unless they already have another valid form of work authorization.
What If the Applicant Is Out of Status?
An applicant without valid temporary resident status may not be able to apply immediately.
If the permanent residence application is being processed under the applicable spousal public policy, the applicant may need to wait until receiving approval in principle. They can then submit a paper work permit application with the approval-in-principle letter and an explanation of their circumstances.
Because loss of status can create serious complications, applicants should obtain advice before their existing status expires.
Documents Commonly Required
Depending on the circumstances, an applicant may need:
- A copy of the AOR;
- Proof of valid temporary resident status;
- Marriage certificate or statutory declaration of common-law union;
- Passport and digital photograph;
- Family information forms;
- Birth certificates for accompanying dependent children; and
- Proof that the permanent residence application was submitted if applying under the AOR exception.
IRCC may request additional documents based on the applicant’s immigration history.
Can the Open Work Permit Be Extended?
An eligible applicant may be able to extend their open work permit for up to two additional years if:
- They have received an AOR;
- Their permanent residence application is still being processed; and
- They continue to meet the applicable requirements.
The extension application should be submitted before the current work permit expires.
Common Mistakes to Avoid
Spousal open work permit applications may be delayed or refused because applicants:
- Apply before becoming eligible;
- Assume submitting a PR application automatically authorizes employment;
- Allow their temporary status to expire;
- Fail to include the AOR or proof of PR submission;
- Do not provide adequate evidence of the relationship; or
- Try to apply under this public policy at a Canadian port of entry.
A permanent residence application and an open work permit application are separate applications. Approval of one does not guarantee approval of the other.
Frequently Asked Questions
Can I work immediately after submitting the application?
Not solely because the application was submitted. You must have valid work authorization before beginning or continuing employment.
Can I apply for this work permit at the Canadian border?
No. IRCC states that applicants cannot apply under this public policy at a port of entry.
What happens if the sponsorship application is returned or refused?
An applicant cannot qualify under this measure if the permanent residence application has been returned, withdrawn or refused.
Is an employer required to obtain an LMIA?
Generally, no. An eligible spousal open work permit is not tied to a specific employer and normally does not require a Labour Market Impact Assessment.
Final Thoughts
A spousal open work permit can help families maintain financial stability while a permanent residence application is processed. However, eligibility depends on the type and status of the sponsorship application, receipt of the AOR and the applicant’s temporary resident status.
Applying at the correct time and maintaining valid status can help avoid unnecessary delays or loss of work authorization.
For assistance with spousal sponsorship, open work permits or restoration of status, contact Visaserve Immigration Law P.C. at info@visaserve.ca, call 905-203-2266, or schedule a consultation with an experienced Canadian immigration lawyer.
Visaserve Immigration Law P.C. Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice or establish a lawyer-client relationship.
Immigration laws, policies and application requirements change frequently. You should obtain advice from a qualified Canadian immigration lawyer regarding your specific circumstances before acting on this information.
