One of the biggest concerns for couples applying for Canadian spousal sponsorship is whether the sponsored spouse or partner can legally work in Canada while the permanent residence application is being processed.
In many cases, an eligible spouse or common-law partner living in Canada may be able to apply for an open work permit while waiting for permanent residence.
An open work permit can generally allow the sponsored person to work for most employers in Canada without being tied to one specific employer.
At Falcon Law PC, we assist couples throughout Canada, the United States, and internationally with Canadian spousal sponsorship applications, including open work permit applications, temporary status issues, and inland and outland sponsorship strategy.
Who Can Apply for a Spousal Open Work Permit?
Under current IRCC rules, a spouse, common-law partner, or conjugal partner being sponsored for permanent residence may qualify for an open work permit if they are living in Canada with their sponsor and meet the applicable eligibility requirements.
The principal applicant generally must:
- be in a genuine relationship with the sponsor;
- be included in a permanent residence sponsorship application;
- have an acknowledgement of receipt (“AOR”) confirming that IRCC is processing the permanent residence application;
- be living in Canada with the sponsor; and
- meet the applicable temporary resident status requirements.
The open work permit is separate from the permanent residence application. Filing a sponsorship application does not itself authorize the sponsored spouse to begin working in Canada.
Do I Need Inland Sponsorship to Get an Open Work Permit?
No. This is an important change from how the spousal open work permit pathway is sometimes described.
Open work permit eligibility is not limited to applications under the Spouse or Common-Law Partner in Canada Class. A sponsored spouse or partner living in Canada may potentially qualify where the permanent residence application is being processed under either the inland class or the Family Class, provided the applicable requirements are met.
The key issue is generally whether the sponsored person is living in Canada with the sponsor and meets the open work permit eligibility requirements, rather than simply whether the sponsorship application is labelled “inland” or “outland.”
Couples choosing between these sponsorship pathways can review our guide to inland versus outland spousal sponsorship.
Do I Need an Acknowledgement of Receipt?
In most cases, the sponsored spouse or partner will need an acknowledgement of receipt confirming that IRCC has accepted the permanent residence application for processing before applying for the open work permit.
There is an important exception where the applicant’s current work permit, study permit, or temporary resident status will expire in two weeks or less. In that situation, an eligible spouse or partner who has already submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class or Family Class may be able to apply for the open work permit before receiving the AOR.
Timing can therefore be particularly important where the sponsored spouse is already in Canada and their temporary status is approaching expiry.
Do I Need Valid Immigration Status in Canada?
A sponsored spouse or partner should carefully review their temporary resident status while the permanent residence and work permit applications are being processed.
For many applicants, this may involve valid visitor, student, or worker status in Canada. Applicants should avoid assuming that submitting a sponsorship application automatically extends their existing temporary status.
Where a person does not have valid temporary resident status but their permanent residence application is being processed under the applicable spousal public policy, different rules may apply. In certain cases, the applicant may need to wait until receiving approval in principle before becoming eligible to apply for an open work permit.
Can I Work as Soon as I Submit the Open Work Permit Application?
Not necessarily. A person who is in Canada only as a visitor generally cannot begin working simply because a sponsorship or open work permit application has been submitted.
The sponsored spouse generally needs to wait until the work permit has been approved before beginning employment, unless they already held work authorization and separately qualify to continue working under maintained status.
Working without authorization can create immigration complications and should be avoided.
Can I Work for Any Employer?
An open work permit generally provides significantly more employment flexibility than an employer-specific work permit because it is not tied to one particular employer.
However, restrictions may still appear on the work permit, and separate professional licensing or regulatory requirements may apply to certain occupations.
The sponsored spouse should review the conditions shown on the issued work permit before beginning employment.
Can an American Spouse Apply for an Open Work Permit?
Yes. An American spouse or common-law partner being sponsored for Canadian permanent residence may potentially qualify for an open work permit if they are living in Canada with their sponsor and otherwise meet the eligibility requirements.
However, being an American citizen does not itself create work authorization in Canada. The individual must still have appropriate Canadian immigration status and obtain authorization before working.
Americans considering whether to remain in Canada while sponsorship is processed may also wish to review whether a spouse can visit or remain in Canada during sponsorship processing.
Can Common-Law Partners Get an Open Work Permit?
Yes. The open work permit pathway is not limited to legally married spouses. An eligible common-law partner being sponsored for permanent residence may also qualify.
The underlying sponsorship application must still establish that the parties meet Canada’s common-law relationship requirements and provide sufficient supporting evidence.
Couples deciding which relationship category applies can review our guide to marriage versus common-law sponsorship in Canada.
How Long Does a Spousal Open Work Permit Take?
Open work permit processing times change regularly and depend on IRCC processing volumes, the completeness of the application, the applicant’s immigration circumstances, and other processing factors.
Applicants should therefore check IRCC’s current processing-time tool rather than relying on an older fixed estimate such as three or four months.
Couples should also consider the time required to receive the permanent residence AOR before the open work permit can normally be filed.
Can I Travel While My Open Work Permit Is Processing?
Leaving Canada can create additional considerations, particularly where the sponsored spouse is also relying on temporary resident status or an inland sponsorship strategy.
A work permit does not itself guarantee the right to re-enter Canada. The applicant must still meet the applicable entry requirements when returning.
Couples expecting frequent international or Canada-U.S. travel should consider those plans when selecting their sponsorship strategy and timing the open work permit application.
Speak With a Canadian Spousal Sponsorship Lawyer
If you are being sponsored for Canadian permanent residence and want to determine whether you qualify for an open work permit, Falcon Law PC can assist with reviewing your sponsorship pathway, temporary status, timing, and work permit eligibility.
You can contact Falcon Law PC to schedule a consultation or review our packages and fees for additional information.