Spousal open work permits
Having your spouse or common-law partner with you can make it much easier to transition to life in Canada. Fortunately, Canada has made this possible by allowing spouses and partners to apply for a Spousal Open Work Permit (SOWP) in many cases.
A Spousal Open Work Permit allows the spouse of a temporary or permanent resident to live in Canada and to work for any employer. You do not need a job offer to apply. Another benefit is that the employer does not need to submit a Labour Market Impact Assessment (LMIA), which makes it easier for the applicant to find a job.
However, the permit is only valid as long as the sponsoring spouse’s permit is valid. Depending on the situation, the spouse can apply while in Canada or before arriving.
Who Is eligible?
First of all, what is the definition of a spouse? You must be married or in a common-law relationship which means you have been living together with your partner for at least 12 months continuously.
Your relationship must be genuine. In other words, you are not just together so that the other person can work in Canada.
What temporary residents can support Open Work Permits for their spouses?
Temporary Workers
There are different types of permits for temporary workers in Canada that may or may not support Spousal Open Work Permits. In many cases, the sponsor will need a work permit of at least six months.
Previously, only highly skilled workers qualified for Spousal Open Work Permits. As a temporary program starting in January 2023, spouses and dependents of most workers can apply for an open work permit. This includes highly skilled workers and low skilled workers. However some workers are excluded including workers in a TEER 4 or 5 job under the low-wage stream and Temporary Foreign Workers in the Seasonal Agricultural Program and the Agricultural Stream.
This is a two-year temporary measure brought in to help ease labour shortages in Canada and provide better quality of life for foreign workers.
International Students
If your spouse or common-law partner is in Canada on a study permit you may be able to apply for an open work permit while they complete their education. The program must:
Be at a Designated Learning Institute
Qualify for a post-graduation work permit
Post-Graduation Work Permit Holders
If you have graduated and are working in Canada on a post-grad work permit, your spouse may be eligible to apply for a Spousal Open Work Permit.
How Long Does It Take to Get a Spousal Open Work Permit?
The time it takes to get a permit approved depends on the type of application. The government provides a web page where applicants can see current time estimates.
It’s important to get your permit before you start working, as it is illegal to work without a permit. Are you interested in applying for a Spousal Open Work Permit? Book a consultation for assistance with your application. We will assess your eligibility, ensure you have the right documents and guide you through every step of the process.