Canada Spousal Open Work Permit

Canada PR

Overview

The Spousal Sponsorship program is a subsection of the Family Class immigration category, under which a Canadian or permanent resident (the sponsor) may sponsor his or her spouse, common-law, or conjugal partner (the sponsored person) for Canadian permanent residence.

Immigration, Refugees and Citizenship Canada (IRCC) aims to process applications submitted through the Spousal Sponsorship program within 12 months. The Open Work Permit for Spousal, Common-Law, and Conjugal Partners can help to mitigate the economic and emotional hardships of a long application process by removing the need for a spouse to choose between being with his or her partner and being able to work.

An open work permit is neither employer nor job-specific and it allows the holder to work for almost any Canadian employer, without first having to obtain a confirmed offer of employment.

What is the minimum requirement ?

In order to be considered for an open work permit, the foreign national must:

Who can apply for Canada Spousal Open Work Permit?

If you are legally married to a Canadian citizen or a permanent resident of Canada, you are eligible to apply for a spousal open work permit. This allows you to work in Canada and potentially accompany your spouse during their stay.

If you are in a genuine common-law relationship with a Canadian citizen or a permanent resident of Canada, you can also apply for a spousal open work permit. A common-law relationship is established when a couple has lived together in a conjugal relationship for at least one year.

If your spouse is an international student studying full-time at a designated learning institution in Canada, you may be eligible for a spousal open work permit. This permit allows you to work in Canada while your partner completes their studies, providing you with an opportunity to support yourself financially and gain Canadian work experience.

If your spouse holds a Post-Graduation Work Permit (PGWP) in Canada, you can apply for a spousal open work permit. This permit allows you to work in Canada while your partner gains Canadian work experience after completing their studies in Canada.

Canada Spousal Open Work Permit Process and Timeline

The processing time for a Canada Spousal Open Work Permit can vary depending on various factors, including the volume of applications received by Immigration, Refugees and Citizenship Canada (IRCC) and the complexity of your individual case. It is important to note that processing times are subject to change and can be different for different visa offices.

General Timeline and Processing

The general processing time for a Canada Spousal Open Work Permit was approximately 4 to 5 months. However, it is advisable to check the current processing times on the official IRCC website or consult with an immigration consultant for the most up-to-date information.

Please note that processing times are subject to change, and it is recommended to refer to the official IRCC website for the most current and accurate information on processing times for spousal open work permits.

Documents and Checklist for Canada Spousal Open Work Permit

When applying for a Canada Spouse Visa or spousal sponsorship, meticulous organization of essential documents is paramount. A comprehensive checklist is instrumental in ensuring you possess all necessary paperwork, thereby enhancing the prospects of a successful application. At Rao Immigration, we recognize the uniqueness of each scenario and family circumstance. Our team of seasoned consultants provides personalized assistance, offering tailored document checklists to suit your specific needs.

These basic needs include:

1. Application Forms

Completed application forms, such as IMM 1295 (Application for Work Permit Made Outside of Canada) or IMM 5710 (Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker) if applying from within Canada.

2. Valid Passport

 A copy of your valid passport, including the identification page and any previous immigration documents related to your stay in Canada.

3. Relationship Documentation

Evidence of your relationship with your sponsoring spouse or common-law partner, such as:

4. Proof of Sponsorship Application

Documentation to confirm that your sponsoring spouse or common-law partner has submitted a complete sponsorship application, including the acknowledgment of receipt from Immigration, Refugees and Citizenship Canada (IRCC).

5. Proof of Valid Temporary Resident Status

Copies of your current and previous temporary resident status documents in Canada, such as:

6. Biometrics

 If applicable, proof of biometrics (fingerprints and photograph) submission or completion.

7. Proof of Financial Support

Documentation showing that you and your sponsoring spouse or common-law partner have sufficient financial means to support yourselves during your stay in Canada. This may include:

8. Other Supporting Documents

Any additional documents that can strengthen your application and demonstrate the genuineness of your relationship, such as:

Frequently Asked Questions (FAQs)

A Canada Spousal Open Work Permit is a work permit issued to the spouse or common-law partner of a Canadian citizen or permanent resident. It allows them to work in Canada for any employer while the sponsor’s application for permanent residency is in progress.

To be eligible for a Spousal Open Work Permit, you must be the spouse or common-law partner of a Canadian citizen or permanent resident who is currently residing in Canada and has submitted an application for permanent residency on your behalf.

Yes, you can apply for a Spousal Open Work Permit from outside Canada. You will need to submit your application to the appropriate visa office responsible for your country of residence.

The duration of a Spousal Open Work Permit depends on the status of the sponsor’s application for permanent residency. In most cases, it will be issued for the same duration as the sponsor’s application, up to a maximum of one year.

Yes, a Spousal Open Work Permit allows you to work for any employer in Canada and in any occupation. You are not restricted to a specific location or job.

No, dependent children are not included on the Spousal Open Work Permit. They may be eligible for their own study permits or open work permits, depending on their age and circumstances.

The Spousal Open Work Permit can be extended as long as the sponsor’s application for permanent residency is still in progress. You will need to submit an application for an extension before your current permit expires.

Absolutely! Rao immigration can assist you with the Spousal Open Work Permit application process. Our experienced team can help you gather the required documents, complete the application accurately, and ensure that you meet all the necessary requirements for a successful work permit application.

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