Sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence is an exciting step toward building a life together in Canada. One of the significant advantages during this transition is the opportunity for your partner to apply for an Open Work Permit (OWP).
The OWP enables them to work for any employer legally in Canada while their application for permanent residence is being processed.
However, the sponsored person must apply for the OWP from within Canada after submitting the sponsorship application.
Key Points to Remember
- Spouses must maintain legal status in Canada while waiting for their OWP.
- They cannot start working until the OWP is approved.
- Applications are submitted online through the IRCC secure account.
How to check your Eligibility for Open Work Permit (OWP)?
To apply for an Open Work Permit (OWP) during the sponsorship process, the sponsored individual must meet specific criteria:
- Genuine Relationship: The sponsored person must have a genuine relationship with the sponsor.
- Residency Requirement: The sponsored individual must reside in Canada with the sponsor.
- Inclusion in PR Application: IRCC must acknowledge the sponsored individual’s Permanent Residence (PR) application to confirm receipt.
Who cannot apply for an Open Work Permit during the Sponsorship process?
Individuals cannot apply for an Open Work Permit during the sponsorship process if:
- Their PR application is refused, withdrawn, or returned.
- They intend to apply for a work permit at a port of entry.
What are the procedures for an Open Work Permit application?
Based on the temporary status of the applicant, the procedure varies when applying for an Open Work Permit (OWP) in Canada for a spouse or partner.
If the Spouse/Partner has a valid Temporary Status
- Those with a valid work permit, study permit, visitor visa, or electronic travel authorization (eTA) can apply.
- After receiving the Acknowledgment of Receipt (AOR) from IRCC for their Permanent Residence (PR) sponsorship application, the sponsor can apply for an OWP.
Special Case: If their temporary resident status will expire in 2 weeks or less and they’ve already submitted their PR sponsorship application, they can apply for an OWP without waiting for the AOR.
If the Spouse/Partner does NOT have Temporary Status
- They must wait for an “Approval in Principle” letter for their PR sponsorship application.
- However, they cannot apply for an OWP under any other public policy or pilot program.
What is the Processing Time for Sponsoring a Spouse or Partner in Canada?
Open Work Permit (OWP) Processing Time
- If you are applying under the Inland Sponsorship program and submit an OWP application, the usual processing time is within 4 months.
- Factors such as application volume, completeness, and additional documentation requirements can affect processing times.
Visitor Visa Processing
Once you submit the sponsorship application and receive an Acknowledgment of Receipt (AOR) from IRCC:
- Your spouse or partner’s visitor visa application will automatically qualify for expedited processing.
- You must submit a visitor visa application.
Applying for an OWP after Arrival in Canada
Once the sponsored person gains temporary resident status in Canada, they can apply for an OWP upon arrival.
- Note: Sponsorship and related applications, like OWPs and visitor visas, are processed faster if the AOR is received.
- Ensure all required documents are included to avoid delays.
How do you apply for an Open Work Permit (OWP) in Canada?
Let us delve into various steps involved in the OWP application process in detail:
- Confirm that you meet the eligibility criteria, such as being a temporary resident, international student, or spouse of a skilled worker.
- Gather all documents, including proof of identity, legal status in Canada, and any additional paperwork specified by the application guidelines.
- Create a secure account on the Immigration, Refugees and Citizenship Canada (IRCC) website to access the application process.
- Carefully fill out the required forms accurately, answering questions about your current situation and the type of work permit you are applying for.
- You can pay the application fees online, typically a $100 open permit holder fee and a $155 work permit fee.
- After ensuring all information is correct and complete, submit your application through the IRCC portal.
- Monitor your application status through your IRCC account. Processing times can vary, so applying well in advance is advisable.
You can contact ImmiLaw Immigration for expert assistance to ensure the smooth and prompt submission of your application. Our team provides personalized guidance, helps prepare accurate documentation, and ensures compliance with all Canadian immigration requirements.
What critical information is essential after applying for an Open Work Permit (OWP)?
- Your spouse will not be legally allowed to work in Canada until they receive their OWP unless they have another form of authorization.
- They must maintain their legal status as a temporary resident while waiting for the OWP.
- They can only start working only after receiving the OWP from IRCC.
- If your spouse already possesses a valid Canadian work permit, they can continue working as long as they apply for the OWP before their current permit expires.
- If the OWP application is approved, IRCC will send a confirmation online and mail the work permit.
- If refused, IRCC will return the application and refund the OWP-holder fee.
How to Check the Status of an Open Work Permit Application?
You can check the status of your OWP application by logging into your IRCC secure account, where you can view real-time updates and messages about your application.
Alternatively, you can use the Client Application Status (CAS) tool on the IRCC website. This tool requires details such as your unique client identifier (UCI), application number, and personal information like name and date of birth.
If you have applied through a consultant or agent, contact them directly for updates. Note that status updates will only be visible after receiving an Acknowledgment of Receipt (AOR) from IRCC.
Frequently Asked Questions (FAQs)
1. Can I work while waiting for my Open Work Permit?
No, you cannot work until you receive your OWP unless you have another form of authorization.
2. How do I check the status of my OWP application?
You can check the status by logging into your IRCC secure account or using the Client Application Status tool on the IRCC website.
3. Should I maintain legal status while waiting for my OWP?
Yes, you must maintain your legal status as a temporary resident in Canada during the processing period.
4. When can I start working after receiving my OWP?
You can start working as soon as you have the OWP in hand.
5. What if my OWP application is refused?
If your application is refused, the IRCC will return it. You are also eligible for a refund.
To avoid refusal and any obstacles in the application process, you may contact ImmiLaw Immigration for expert guidance and support. We can help ensure your application is complete and meets all requirements, increasing your chances of approval.
Read to Know: How to Find the Right Immigration Lawyer for Your Needs?
