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
You’re Canadian under Bill C-3, but your future children might not be — here’s what you can do about it
A child raises the Canadian flag while sitting on his father's shoulders.
French-speaking Express Entry candidates receive invitations at higher CRS cut-off
An aerial view of the marilyn monroe towers in Mississauga Ont.
Canada holds first Canadian Experience Class Express Entry draw in four weeks
A view of the Canadian wilderness at Banff National Park—with lake and flowers in the foreground and pine trees and the mountain range lining the background
Canada clarifies rules for LMIA-exempt work permits under WTO trade agreement
A group of bank workers meet a new trade-in service worker who has come to fulfil a purchase for them.
Top Stories
Manitoba retires student pathway to permanent residence
Proposed high-wage factor offers boon to Express Entry candidates in these priority occupations
Saving for Your First Home in Canada: An Introduction to the FHSA for Newcomers
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Sponsor Content
Saving for Your First Home in Canada: An Introduction to the FHSA for Newcomers
Young Asian family and pet dog playing at home
11 Everyday Canadian English Phrases Every CELPIP Test Taker Should Know
Couple Learning English in Canada
Live Webinar: What to Know Before Buying Your First Home in Canada: A Guide for Newcomers
family moving into new house
Starting a Small Business in Canada as a Newcomer: 5 Steps From Legal Eligibility and Registration to Taxes and Funding
Banking for Newcomers
Link copied to clipboard