Spousal open work permit
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Why Spousal Open Work Permit?

  • Work in Canada while waiting
  • Live with your partner in Canada
  • Earn in Canadian dollars
  • Choose your employer
  • Get preferred over LMIA
  • Gain Canadian work experience

Spousal Open Work Permit

A spousal open work permit (SOWP) in Canada is a permit issued to the spouse or common law partner of a temporary Canadian permit holder. This allows the spouse to work in Canada.

Spouse or Common-Law Partners in Canada can apply for visas under the below programs:

  • Spouses or common-law partners of skilled workers [C41]: Under this program the spouses or common law partners of skilled workers who are working in Canada or wanting to come to the country can apply for an open work permit, even without possessing an offer of employment. Also, a dependent spouse or common law partner can apply for an open work permit under LMIA exemption code C41 if the principal worker satisfies the following requirements:
  • Holds a work permit with a 6-month validity
  • Planning or living physically in Canada while working
  • Employed in a job that falls under the National Occupational Classification (NOC)
  • Spouses or common-law partners of full-time students [C42]: Full-time students can apply for an open work permit in Canada. Also, a dependent spouse or common law partner can apply for an open work permit under LMIA exemption code C42 if the principal worker is a full-time student and holds a study permit at:
  • A public post-secondary institution
  • A private post-secondary institution
  • A public or private secondary or post-secondary institution
  • A private institution of Canada that is authorized by provincial statute

Benefits of Spousal Open Work Permit

  • Work in Canada while waiting: The SOWP allows its applicants to stay in the country while waiting for a decision. It can take Immigration, Refugees, and Citizenship Canada about twelve months to process an application.
  • Live with your partner in Canada: Get to live with your spouse even while your sponsorship application is still pending.
  • Earn in Canadian dollars: Candidates get an opportunity to earn in Canadian dollars by applying for the Spousal Open Work Permit. One also gets to experience a good quality of life and an advanced living standard.
  • Choose your employer: SWOP gives one an option to choose their employer in Canada, unlike closed work permits.
  • Get preferred over LMIA: Employers prefer hiring from the Spousal Open Work Permit holders as they do not require a Labour Market Impact Assessment.
  • Gain Canadian work experience: Even before becoming a PR in Canada, getting work experience there will help one’s career growth. Getting more work experience in Canada helps to earn higher incomes.
Eligibility Criteria
  • Be legally married to your spouse or have a valid common-law relationship
  • Have been legally married for at least a year
  • The principal applicant must possess a valid work or study permit
  • Not criminally or medically inadmissible to Canada
Requirements
  • A genuine relationship with the spouse or partner: The Spousal Open Work Permit applicant must be in a genuine relationship with or a spouse of a citizen, permanent resident, or a qualifying foreign national.
  • The principal applicant must possess a valid work or study permit: The applicant’s spouse or common-law partner must hold a valid study or work permit in Canada.
  • Not criminally or medically inadmissible to Canada: Neither the principal applicant nor the spouse/ common-law partner has criminal or medical inadmissibility to enter Canada.

Spouses of International Students – Eligibility

  • SOWP is allowed only if the student is enrolled in:

    • Master’s degree programs with a duration of 16 months or longer

    • Doctoral (PhD) programs

  • Spouses of students enrolled in undergraduate programs, diplomas, or shorter programs are NOT eligible.

Spouses of Foreign Workers – Eligibility

  • Eligible if the foreign worker is employed in:

    • TEER 0 occupations

    • TEER 1 occupations

    • TEER 2 or TEER 3 occupations only if they fall under priority sectors, such as:

      • Natural & Applied Sciences

      • Construction

      • Health Care

      • Natural Resources

      • Education

      • Sports & Military

Mandatory Permit Validity Requirement

  • The student or foreign worker must have at least 16 months of validity remaining on their Study Permit or Work Permit at the time of the spouse’s application.

  • Applications with less than 16 months of validity will NOT qualify for SOWP.

Steps to Apply for Spousal Open Work Permit

Step 1: Check your eligibility

Step 2: Arrange for all the documents

Step 3: Apply for the visa

Step 4: Get the work permit

Step 5: Work in Canada

Canada spousal open work permit processing time

The processing time for spousal open work permit (SOWP) is 3 – 5 months. It is to be noted that the processing times can vary.

Canada spousal open work permit cost

The cost for spousal open work permit in Canada is $255.

How Can Y-Axis Assist You?
  • Coaching services for IELTSPTE, etc. to help you improve your scores.
  • Prepare a checklist for your supporting documents.
  • Resume Marketing services to help you find the right one for you.
  • Fill up the visa application form.
  • Check your eligibility through Canada Points Calculator.
  • Prepare you for the immigration interview as well.
  • Free counselling
  • Step by step guidance.
  • Follow up with the Consulate and give updates.
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Frequently Asked Questions

How long does it take to get a spouse open work permit?
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The processing time varies with the type of permit the principal applicant has applied for.

What is the benefit of a spousal open work permit?
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There are many benefits of applying for a SOWP, including working in Canada while waiting, living with your partner in Canada, earning Canadian dollars, choosing your employer, getting preferred over LMIA, and gaining Canadian work experience.

Can I stay in Canada while waiting for spousal open work permit?
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Yes, one can live in Canada while waiting for their spousal open work permit application. But this will apply only to those who had applied for the permit when their visitor visa was still active.

What are the eligibility criteria for spouse open work permit Canada?
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Below are the eligibility criteria for SOWP in Canada:

  • A genuine relationship with the spouse or partner
  • The principal applicant must possess a valid work or study permit
  • Not criminally or medically inadmissible to Canada
Can a spouse open work permit be rejected?
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Yes, a spousal open work permit can be rejected. There can be many reasons behind it, such as needing more proof of funds, evidence of a genuine relationship, the principal applicant living outside Canada, short ties to their home country, etc.

Is IELTS required for the spousal open work permit?
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No, one doesn’t need to undergo IELTS to obtain SOWP.

Does Open work permit get PR?
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One working and staying in Canada will lead to permanent residence status in many ways.

Can I apply for a spouse work permit and PR at the same time?
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Yes, one can apply for an open work permit and permanent residency at the same time or even afterwards through spousal sponsorship.

How long is a spousal open work permit valid?
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A SOWP can be issued for as long as the principal applicants permit.

How much is an open work permit spouse Canada?
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A spouse’s open work permit fee is $255 CAD, $155 for the processing fee, and $100 CAD for the open work permit holder fee.