Spouse or Partner Open Work Permit (SOWP) Canada

You may qualify for an open work permit if your spouse is working or studying in Canada, or sponsoring you for permanent residence.

Spousal Open Work Permit (SOWP) Canada

If your spouse is presently employed or enrolled in studies in Canada, or if you’ve submitted a permanent residence sponsorship application with your spouse or partner in Canada, you might qualify for an open work permit.

Canada's Open Work Permits Services

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1. Introduction to SOWP

What is a Spousal Open Work Permit?

A spousal open work permit allows the spouse of certain temporary Canadian permit holders to work anywhere in Canada without significant restrictions.

What Are the Eligibility Requirements?

You must be in a genuine relationship with a qualifying Canadian principal applicant or permanent resident and must not be criminally or medically inadmissible to Canada.

2. Eligibility and Application Criteria

Who Can Apply for a Spousal Open Work Permit?

Those whose spouses are studying or working in Canada, or individuals who have applied for permanent residence sponsorship from within Canada, may be eligible.

From April 30, 2024, the spouse or common-law partner of a Canadian permanent resident or citizen may be eligible for an open work permit if they have a valid study permit and are enrolled in a master’s or doctoral program, an eligible pilot program, or a specified professional degree.

Can I apply for an open work permit if my spouse or partner is sponsoring me?

Yes, you can apply for a spousal open work permit if you have applied for permanent residency sponsorship from within Canada. The application process varies based on the status of your permanent residency application.

Can I Include My Childrends on My Application?

Yes, dependent children can apply for a visitor record to accompany you.

Can I Work Anywhere in Canada on a Spousal Open Work Permit?

Yes, you can work anywhere in Canada for any employer, subject to standard conditions such as not working for an employer involved in or at risk of sexual exploitation of workers and leaving Canada at the end of your authorized stay, as well as any conditions specified on your work permit.

How Soon After Marriage Can I Apply for It?

There is no required waiting period; you can apply immediately after marriage.

3. Application Process

How to Apply for a Work Permit for a Spouse or Partner?

The application process varies. Contact us to determine the best procedure for your situation.

Why choose our Canada immigration services for spouse open work permit application?

Opting for our legal services for your spouse’s open work permit application ensures you receive customized guidance based on your specific situation. Our skilled immigration lawyers evaluate your case to suggest the most suitable work permit category, guaranteeing a thorough and well-prepared application. We provide expert advice and ongoing support throughout the process, helping you overcome any obstacles and enhancing your chances of success. Our tailored approach delivers strategic assistance to achieve your unique needs and objectives.

4. Duration and Validity

How Long Does a Spousal Open Work Permit Take to Process?

 Processing times vary depending on your spouse’s permit type.

How Long Is a Spousal Open Work Permit Valid?

It is valid for the duration of your spouse’s permit. If your spouse’s passport expires soon, your permit will not exceed that validity.

Can an Open Work Permit for Spouses or Partners Be Extended?

It cannot be extended. If it expires, you will need to reapply based on your spouse’s status.

5. Changes in Personal Situation

What Happens to My Spouse’s Open Work Permit Application if We Separate or Divorce?

If your relationship ends after receiving the permit, it remains valid. However, if the separation occurs while your application is still in process, notify IRCC as it may affect your eligibility.

Can I Stay in Canada if My Visitor Permit Expires While Waiting for My SOWP?

Yes, you will be on maintained status and can remain in Canada under the same conditions while waiting for your SOWP.

How Can I Transition from a Spousal Open Permit to Permanent Residency?

Yes, you will be on maintained status and can remain in Canada under the same conditions while waiting for your SOWP.

6. Common Issues and Rejections

Common Reasons for Spousal Open Work Permit Rejections

  • Principal applicant lives outside Canada.
  • Insufficient proof of attending a Designated Learning Institution.
  • Lack of proof of funds.
  • Missing employment documentation.
  • Insufficient ties to home country.
  • Absence of proof of a genuine relationship.

Why Choose HMD Avocats?

We offer high-quality Canadian immigration services, provided by top immigration lawyers specializing in spousal open work permits  in Canada. With a meticulous, detail-driven approach, we ensure that every case is handled with precision, leaving nothing to chance. This commitment to excellence is the key to our success and our proven track record of successful outcomes for clients. Our services are accessible online from anywhere, at competitive rates, with no hidden fees. We proudly serve clients across Canada and around the world, including in:

  • Montreal
  • Quebec City
  • Sherbrooke
  • Gatineau
  • Laval
  • Longueuil
  • Salaberry-de-Valleyfield
  • Brossard
  • Terrebone
  • Pointe-Claire
  • Boucherville
  • Vaudreuil-Dorion
  • Dollard-des-Ormeaux
  • Trois-Rivières
  • Granby
  • Saguenay
  • Drummondville
  • Saint-Jean-sur-Richelieu
  • Saint-Jérôme
  • Sorel-Tracy
  • Saint-Eustache
  • Centretown
  • Rideau
  • Orleans
  • West Carleton
  • Brampton
  • Mississauga
  • Ajax
  • Toronto
  • Ottawa

FAQ

How much is the spousal open work permit fee?

To apply for a spousal open work permit, you are required to pay a total processing fee of $340. This fee comprises $155 for application processing, $100 for the open work permit holder fee, and $85 for biometrics.

What is the validity period of a spousal open work permit?

A spousal open work permit is valid only for the duration of the principal applicant’s permit. Additionally, if the principal applicant’s passport is approaching expiration, the permit will not extend beyond the passport’s validity.

What is the processing time for a spousal open work permit?

Typically, processing a spousal open work permit application takes between 1 and 4 months. If the spouse is already in Canada, they must wait until they receive the open work permit before they are permitted to work.

Can I travel outside Canada with an open work permit?

Yes, you can leave and re-enter Canada if your visa or Electronic Travel Authorization (eTA) remains valid.

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