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Spousal sponsorship: how your loved one can start living and working in Canada ASAP

Sponsored spouses and common-law partners can apply for an open work permit (OWP) while their permanent residence (PR) application is in process, as long as they are in Canada with their sponsor and meet certain conditions.

Getting an OWP for your sponsored spouse or partner both guarantees them the ability to work and gives them longer-term temporary status in Canada—allowing them to be with you in Canada while a spousal sponsorship application is being processed (which can take at least a year, if not longer).

Sponsor your family for Canadian immigration

An open work permit also means your partner is not tied to a single employer and can work in most jobs, anywhere in Canada (with standard restrictions, for example, on certain occupations that require medical exams).

Spousal OWPs are an option under either class of sponsorship that Canada offers:

  • Inland sponsorship (Spouse or Common-Law Partner in Canada Class); or
  • Outland sponsorship (Family Class).

This article explains

Inland versus outland spousal sponsorship: the basics

Understanding which of Canada’s spousal sponsorship routes are the most applicable for your situation will help you understand how the OWP option fits into your application process.

Note that outland sponsorship applications can be made from within Canada.

Inland sponsorship (Spouse or Common-Law Partner in Canada Class)

You can apply for an inland sponsorship when:

  • Your spouse or common-law partner lives with you in Canada, and
  • They have valid temporary resident status (visitor, worker, student) or are covered by a specific public policy.

Notably, under inland sponsorships

  • Your partner is expected to stay in Canada throughout processing; and
  • There is no right of appeal to the Immigration Appeal Division if the application is refused.

To find out more about inland sponsorships, visit our dedicated webpage.

Outland sponsorship (Family Class)

You apply for outland sponsorship when

  • Your spouse or partner lives outside Canada;
  • They are in Canada but don’t plan to stay for the full processing time; or
  • You want to keep the right to appeal a refusal to the Immigration Appeal Division.

Traditionally, outland applicants often stayed abroad for most of the process. Today, however, Immigration, Refugees and Citizenship Canada (IRCC) has built a path for many outland applicants to enter Canada while their application is being processed—including expedited processing for a visitor visa.

In outland sponsorship cases, the open work permit option can be especially important as it represents an easy way to bring your loved one to Canada.

Who can get an open work permit while being sponsored?

IRCC sets out clear eligibility rules. To qualify for an open work permit, your spouse or partner must

  • Live in Canada with you (the sponsor);
  • Be in a genuine relationship with you;
  • Be included in a PR sponsorship application* and have received an Acknowledgment of Receipt (AOR) confirming that IRCC has accepted the PR application as complete; and
    • The AOR is issued to you (the sponsor) and confirms IRCC has started processing the application.
  • Have valid temporary resident status in Canada, or be covered under IRCC’s spousal public policy, and have reached approval in principle if they are out of status.

Your spouse or partner cannot benefit from this policy if:

  • Their PR application has been refused, withdrawn, or returned, or
  • They want to apply for a work permit at a port of entry (this policy applies only to in-Canada applications).

*Note that in cases of family sponsorship, both the sponsor and the sponsored person apply to be eligible under either category (as the sponsoring party and as the sponsored party).

Inland sponsorship + open work permit: how it works

If you apply under the Spouse or Common-Law Partner in Canada Class and your partner already lives with you in Canada on a valid temporary status, the process is relatively straightforward:

  • You must submit the PR sponsorship application (inland class) using IRCC’s online portal and guide IMM 5289.
  • Once IRCC reviews the PR application for completeness, it issues an AOR, confirming that the application is complete and it has started processing.
  • After receiving the AOR, your spouse or partner can apply online for the spousal open work permit through an IRCC secure account (this is separate from the PR portal account used to file the PR application).
  • In the work permit form, they must:
    • Select “Open work permit” as the type of work permit (Box 1 – Details of intended work in Canada)
    • Enter “SCLPC FC OWP” as the job title and “SCLPC FC applicant in Canada public policy” as the description of duties (Box 4)
  • In support of their application, your spouse or partner must upload:
    • The AOR;
    • Proof of their temporary resident status (visitor record, work permit, study permit, etc.); and
    • Proof of the relationship (marriage certificate or common-law declaration, and related documents).

While the OWP is being processed, your spouse must:

  • Maintain their legal temporary status in Canada, and
  • Not start working until the open work permit is issued (unless they already hold another valid work permit and have applied to extend it before expiry, in which case “maintained status” may allow them to keep working for the same employer).

IRCC does not guarantee a fixed processing time for this OWP; applicants should check the online processing times tool and select the relevant work permit category for an up-to-date estimate.

Outland sponsorship + open work permit: coming on a visitor visa first

Sponsored outland applicants may have a slightly harder time accessing an OWP if they are outside of Canada when they submit their application; however, it is still possible for these individuals to receive a work permit.

The sponsored party must, however, come to Canada first (under legal status) and meet the same in-Canada conditions.

IRCC’s “After you apply” page explains that:

  • Once you’ve submitted the PR sponsorship and received an AOR,
  • Your spouse or partner (who is outside Canada) can apply for a visitor visa*, and
  • If approved, and once they arrive in Canada, they can apply for an open work permit if:
    • You have an AOR confirming the PR is in progress, and
    • They are living with you in Canada.

*Visitor visas for these applicants can even be expedited, according to IRCC’s webpage.

Step-by-step for outland applicants

  • Submit the PR sponsorship application under the Family Class
  • Wait for the AOR
    • IRCC reviews the application for completeness and issues an AOR with an application number.
  • Apply for a visitor visa
    • While the PR application is in process, your spouse or partner can apply for a visitor visa to come to Canada.
    • IRCC says spouses and partners with an AOR may be eligible for faster processing of their visitor visa applications, provided they meet all normal visitor visa requirements.
    • Approval is not guaranteed—they must still convince IRCC that they meet the requirements for temporary residence (ties to home country, finances, intention to leave if required, etc.).
  • Enter Canada as a visitor and live with the sponsor
    • Once the TRV is approved, your spouse or partner can travel to Canada as a temporary resident (visitor) and live with you during processing.
  • Apply for an open work permit from within Canada
    • After arrival in Canada, they can apply for an OWP under the same public policy that inland applicants use, as long as they:
      • Are physically in Canada and living with you
      • Are in a genuine relationship
      • Have a PR sponsorship application in process with an AOR
      • Have valid temporary resident status (visitor, worker, student) or qualify under the spousal public policy

From this point onward, the OWP application process (forms, IRCC secure account, required wording in the “Details of intended work” section) is essentially the same as for inland sponsorship applicants.

Sponsor your family for Canadian immigration

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