Spousal Open Work Permit
Immigration Firm in Scarborough, Toronto
Springwind Immigrant are aware of your desire to work in Canada. Contact Us today, you will receive expert assistance, it will increase your chances of getting work permit by working with one of our Regulated Canadian Immigration Consultant (RCIC). Our RCIC is licensed by the CICC to assist you by assessing your eligibility, reviewing all documentation, and submitting it to the Canadian government on your behalf.
What is a spouse open work permit?
If your common-law partner or spouse is currently studying or working in Canada, you may be eligible for an open work permit. This work permit gives you the ability to come, stay and work for any employer in Canada. An open work permit makes it much easier to find jobs in Canada as the employer now doesn’t need to provide you with an LMIA. It is also a great pathway to Canadian Permanent Residency. It allows you to acquire valid work experience, which can then be used to gain extra points for the Permanent Residency Immigration Programs.
Who is eligible for Spousal Open Work Permit?
You can be eligible for a Spousal Open Work Permit if your spouse is:
- A skilled worker in Canada who is employed under NOC skill types TEER 0, 1, 2, 3 and who has a valid work permit.
- A foreign student enrolled in a university, college, or other post-secondary institution who has a valid study permit.
- Applying for the Atlantic Immigration Program (A.I.P.) in the NOC 2021 TEER 0, 1, 2, or 3 category job or a permanent position in NOC 2021 TEER 4 category job
- A foreign military member residing and working in Canada.
- A foreign representative in Canada.
- In addition to these, the potential Spousal work permit holder must meet certain conditions. The applicant must:
- Have enough money to live in Canada and to return home.
- Complete medical exam.
- You must not be considered dangerous and have no criminal history.
- Not engage in exotic dance, massages, or escorting services, nor work for an ineligible employer.
- Prove that they will return home after their work permit expires.
- According to the officer's request, provide all necessary documentation.
- Depending on your location, you can apply for a spousal open work permit from either inside or outside of Canada.
- If you apply from outside Canada, you will also need to obtain a visa to enter Canada because the work permit only enables you to stay and work in Canada.
Spouses or common-law partners of bridging open work permit (BOWP) holders
The following qualifying conditions are applicable if the principal applicant holds a bridging open work permit (BOWP):
- The BOWP holder's work permit must be valid for at least six months.
- Spouses or common-law partners of federal skilled worker class (FSWC), BOWP holder must work in NOC 2021 skill category TEER 0, 1, 2, 3.
- Depending on the skill level of the principal Provincial Nominee Class (PNC) applicant's occupation, spouses or common-law partners of BOWP holder may qualify for an open work permit.
- Spouses or common-law partners of federal skilled trades class (FSTC), BOWP holder must be working in one of the skilled trade occupations listed in NOC B.
- There are no preconditions for spouses or common-law partners of Canadian experience class (CEC) applicants to meet.
- Spouses or common-law partners of caregiver applicants (applications for permanent residence under the caring for children or caring for persons with high medical needs received before June 18, 2019) must work in one of the qualifying occupations in NOC 2021 TEER 0, 1, 2, 3.
- For spouses or common-law partners of Agri-Food Pilot (AFP) applicants, the BOWP holder must be conducting work at a level that falls within NOC 2021 TEER 0, 1, 2, 3.
What are specific eligibility requirements of Spousal Open Work Permit in different programs?
The requirements for applying for a spousal open work permit differ depending on your spouse's immigration status in Canada. Make use of the table below for details:
|Category||Occupational skill level required of the principal applicant||Principal applicant's minimum work permit length|
Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders
|TEER 0, 1, 2, 3||6 months|
|Spouses or common-law partners of skilled workers||TEER 0, 1, 2, 3||6 months|
|Spouses or common-law partners of Quebec selection certificate (CSQ) holders||Any occupational skill level||6 months|
|Spouses or common-law partners of provincial nominees||Any occupational skill level||6 months|
|Spouses or common-law partners of bridging open work permit (BOWP) holders||Varies depending on program principal applicant applies under (more details below)||6 months|
|Spouses or common-law partners of open work permit holders (other than BOWP) such as post-graduation work permit or a working holiday work permit.||TEER 0, 1, 2, 3||N/A|
|Spouses or common-law partners of study permit holders (full-time students)||N/A||N/A|
|In Canada spousal/common-law sponsorship applicants||N/A||N/A|
Spouses or common-law partners of International Student
If you are an international student, you can bring your spouse or partner to Canada, they may be eligible for an open work permit, allowing them to work in Canada while you are studying. A work permit that is open is one that is not position-specific. It allows your spouse or common-law partner to work for any employer. If your spouse or partner obtains an open work permit, it is usually valid for the same amount of time as your study permits.
Your spouse or common-law partner can apply for a work permit before or after they arrive in Canada. If your spouse or partner does not require a TRV, they may be able to apply for a work permit at the border or airport where they enter Canada.
What are the requirements for Spousal Open Work Permit of International Students?
Spouses or common-law partners of international students may be eligible for an open work permit if principal applicants:
- have a valid study permit.
- are eligible for a post-graduation work permit (PGWP) and
- are a full-time student at one of these types of schools:
- a public post-secondary school, such as a college or university, or CEGEP in Quebec.
- a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec.
- a Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree)
- A private or public secondary or post-secondary institution (in Quebec) that offers qualifying programs of 900 hours or more leading to a diploma of vocational studies or an attestation of occupational specialization.
What is the general processing time for the Spousal open work permit application?
The processing times can generally take between 3-5 months but are subject to change. This time does not include the time taken to complete the Biometrics; this added time would depend on which country you’re applying from and its visa office’ availability.