Inland spousal sponsorship applicants can work in Canada while their permanent resident applications are being processed.
Spousal sponsorship is an integral component of Canada’s family class immigration efforts, as Canada places a big emphasis on keeping loved ones together in this country.
The larger category of spousal sponsorship breaks down into two similar but still distinct sub-sections — inland spousal sponsorship and outland spousal sponsorship.
3. Spousal sponsorship is an integral component of
Canada’s family class immigration efforts, as Canada
places a big emphasis on keeping loved ones together
in this country.
The larger category of spousal sponsorship breaks
down into two similar but still distinct sub-sections
— inland spousal sponsorship and outland spousal
sponsorship.
4. Understanding the different kinds of
spousal sponsorship
We will not be delving into the details of either
subsection at this time but for the moment, it is
important that we highlight two key differences
between inland and outland sponsorship.
The primary difference between these subsections of
spousal sponsorship is the following.
Outland sponsorship allows a Canadian to sponsor
their spouse or common-law partner living abroad
for permanent residence (PR) in Canada while
inland sponsorship necessitates that the sponsor and
foreign national being sponsored already live
together in this country.
5. For our purposes, however, there is one more
pertinent difference that must be identified.
Unlike the outland sponsorship stream, inland
spousal sponsorship provides the foreign national
being sponsored with the opportunity to receive an
open work permit while their application for PR in
Canada is being processed. This is called a Spousal
Open Work Permit.
6. What is a spousal open work permit?
The service standard for the processing of spousal
sponsorship applications by Immigration, Refugees
and Citizenship Canada (IRCC) is approximately 12
months.
Accordingly, spousal open work permits allow
sponsored spouses and common-law partners who
are living with their Canadian partner to seek work
with any Canadian employer of their choice as a
decision is being made on their PR application.
7. Created to ease the economic and emotional burden that
may result from a long and arduous application process,
the spousal open work permit enables the sponsored
individual in the relationship to earn money without
being tied to a specific employer or job, as is the case
with some of Canada’s other work permit options.
Open work permits under this program can be obtained
without having an existing employment offer in place
and these permits will be valid for either two years or
until the expiry date on the permit holder’s passport,
whichever is sooner.
8. Eligibility for a spousal open work permit
Eligibility for the spousal open work permit requires
that:
The foreign national and Canadian sponsor in a spousal
or common-law relationship submit a permanent
residence application through the inland sponsorship
stream of the Spousal/Common-Law Partner
Sponsorship Immigration Program
The foreign national work permit applicant has valid
temporary resident status as either a visitor, student, or
worker in Canada
Both the foreign national applicant and the Canadian
sponsor meet all eligibility requirements under the
spousal or common-law partner sponsorship program
9. The application process for spousal open work
permits
Spousal open work permit hopefuls must first wait
for an acknowledgement of receipt letter from IRCC
regarding their sponsorship application before
applying for a work permit.
Once that letter is received, foreign nationals can
apply for a spousal open work permit online.
The steps in the application process for this work
permit are as follows.
Step 1: Create or Sign In to Online Account with
IRCC
10. Step 2: Answer the Questions Online to Receive a
Personalized Document Checklist
Step 3: Fill Out the Online Application Form
Select “Open Work Permit” to Q: What Type of Work
Permit Are You Applying For?
Select “SCLPC OWP” in the “Job Title” Box
Select “Spouse and Common-Law Partner in Canada
Pilot Program” in the “Brief Description of Duties” box
Step 4: Upload Documents
Step 5: Submit Application
11. Getting assistance with a spousal open work
permit
Navigating the world of work permits can be
confusing. Although an immigration lawyer is not
required to submit a work permit application, a legal
professional in this space can help applicants by:
Helping to prepare an application
Ensuring applicants avoid mistakes
Responding on an applicant’s behalf to the Canadian
government
Using their expertise to avoid unnecessary delays
throughout the different application steps and
application processing.