Open Work Permit for Spouses of Workers or Students

Spousal sponsorship application for permanent residence

If your spouse or common-law partner is currently working or studying in Canada, or if you have initiated a spousal sponsorship application for permanent residence, you may be eligible to obtain an open work permit.

Once an open work permit application is approved, the spouse can work for any employer across Canada while the permanent residence application is in process, or as long as the principal applicant’s status in Canada remains valid. The application procedure may vary depending on the applicant’s current status in Canada and the stage of the permanent residence process. It’s important to remember that working without a valid work permit is illegal and can negatively impact future Canadian immigration applications.

What is an open work permit for spouses?

An open work permit allows the spouse or common-law partner of certain temporary residents in Canada to work for almost any employer, in any location, with minimal restrictions.

Who can apply for a spousal open work permit?

You may be eligible if your spouse is in Canada with a valid work permit or study permit, or if you have already submitted a spousal sponsorship application for permanent residence. Eligibility depends on your spouse’s status in Canada and your relationship status.

Applying if your spouse has sponsored you for permanent residence

Yes. If you have a sponsorship application in progress, you may apply for an open work permit. If you haven’t yet submitted your sponsorship application, you may send your permanent residence and open work permit applications together in one package to the Case Processing Centre in Mississauga, Ontario.

Eligibility requirements

To qualify for a spousal open work permit, you must:

• Be in a genuine relationship with a Canadian citizen or permanent resident.

• Not be inadmissible for criminal or medical reasons.

• Meet the criteria as the spouse or partner of an eligible applicant in Canada.

Processing times

Processing times vary based on the type of work permit and application category. You can check the latest estimates on the official IRCC website.

Can a spousal open work permit be extended?

A spousal open work permit remains valid only as long as your spouse’s permit is valid. If it expires, you must submit a new work permit application.

Fees

The application fee for a spousal open work permit is CAD $255:

• CAD $155 – Work permit processing fee.

• CAD $100 – Open work permit holder fee.

Validity period

The validity of the spousal open work permit is tied to the principal applicant’s permit expiry date. If your passport expires earlier, your permit will be shortened accordingly.

There is no minimum waiting period after marriage to apply. You can apply as soon as you meet the eligibility requirements.

Document checklist

The documents you need to submit will vary based on your situation, but generally include:

• Proof of your legal status in Canada and your spouse’s status.

• Completed and signed application forms.

• Proof of your relationship (marriage certificate or proof of common-law partnership).

• A valid copy of your passport and any other relevant documents.

Medical exam

In some cases, you may be required to undergo a medical exam. You can do this at the start of your application or wait until IRCC requests it.

Financial requirements

You must demonstrate sufficient funds to support yourself during your stay in Canada. If the immigration officer doubts your financial capacity, your application may be refused.

Renewal process

You cannot directly renew a spousal open work permit. If it expires, you must apply again if your spouse remains eligible.

Checking your application status

If you applied online, you can track your application through your IRCC account. If you applied on paper, you can link your file to your account to monitor progress.

Transitioning to permanent residence

If you hold a spousal open work permit, you may explore pathways to permanent residency, such as the Canadian Experience Class or other permanent resident programs.

Reasons for refusal

Refusals are often due to insufficient evidence of a genuine relationship. If your application is denied, seek professional guidance to discuss potential remedies or appeals.

What to do if refused

You may be able to reapply with additional documents. Contact our team for personalized assistance.

Permit expiry during application processing

If your current status expires while your open work permit application is being processed, you will have implied status, allowing you to remain in Canada until a decision is made.