Staying in Canada with your spouse

author avatar
Shelby Thevenot
Published: May 19, 2020

Spouses and common-law partners of Canadians who are applying for permanent residence have the option to stay in Canada legally with an open work permit.

The Open Work Permit Pilot allows spouses and common-law partners of Canadians to work in Canada while they are applying for permanent residence through spousal sponsorship. In order to be eligible, they must already be living in Canada on legal status at the same address as their partner, among other criteria. They do not need to have a job offer already.

Immigration, Refugees and Citizenship Canada (IRCC) extended the pilot for the fourth time last January until July 31, 2020. So far there has been no word on whether or not the pilot will be extended this year.

Learn more about Canadian family sponsorship

The key difference with open work permits is that they allow foreign nationals to work for any employer in Canada. Some work permits are employer-specific, where the foreign national may only work for the employer named on their permit for their duration in Canada.

IRCC has extended the pilot every year since it was first implemented in 2014. The program allows spouses and common-law partners to work while waiting to obtain permanent residence.

How to get an Open Work Permit as the spouse or common-law partner of a Canadian

You can apply for the Open Work Permit Pilot and Inland Spousal/Common-law Sponsorship at the same time, or separately.

If you are applying at the same time, send everything by mail including all documents and proof of payment. If this is not possible due to the coronavirus pandemic, IRCC asks that you explain why and they may hold your application for 90 days. If the application is still incomplete in 60 days, IRCC will request the missing documents with an additional 90-day deadline.

If you have already applied for sponsorship and received the approval in principle on your permanent residence application, you can apply for the open work permit online.

The approval in principle is a letter from IRCC stating that the permanent residence eligibility requirements have been met, but medical, security and background checks still need to take place.

If you have not received the approval in principle, then IRCC says to send the application for the work permit by mail. You should include all documents and proof of payment.

Learn more about Canadian family sponsorship

Need assistance with the Temporary Work Permit application process? Contact wp@canadavisa.com.

© 2020 CIC News All Rights Reserved

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Latest Express Entry draw sees thousands of healthcare professionals invited
A nurse comforts an elderly patient
Who qualifies for permanent residence under Canada’s new Transport category?
A group of aircraft inspectors look at an airplane preparing to take off.
Canada holds first Express Entry draw under new category, with lowest CRS cut-off score since 2021
A winter mountainside with mountains in the background.
Canadian Experience Class candidates invited at lowest CRS cut-off score since 2024
A group of people skating at frozen Lake Louise in Victoria
Top Stories
All Express Entry occupational categories subject to new work experience requirement
Prince Edward Island continues to prioritize international graduates in latest immigration draw
Alberta issues hundreds of invitations across six immigration draws
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Provinces
Prince Edward Island continues to prioritize international graduates in latest immigration draw
A picture of the PEI coast during the winter time.
Alberta issues hundreds of invitations across six immigration draws
A picture of Canmore township in Alberta.
NWT Nominee Program announces nomination allocation for 2026, introduces EOI selection model
A yellow canoe resting on grass on the shore of the Nahanni River in Yellowknife on a sunny day.
Nova Scotia revamps provincial immigration pathways
The winding Cabot Trail road seen from high above on the Skyline Trail at sunset in Cape Breton Highlands National Park, Nova Scotia.
Link copied to clipboard