Spousal Open Work Permit

As a step toward family reunification, IRCC allows eligible spouses and common-law partners of international students and Workers to obtain Open Work Permits in order to reunite with their spouses in Canada. In such a work permit, the applicant does not require a job offer when submitting an application and the duration of the permit allotted is normally aligned with the duration of the spouse’s study or work permit.

Additionally, Spouses and Common-law partners of Canadian citizens or Permanent Residents, who are awaiting a decision on their PR sponsorship applications, may also be eligible to apply for an Open Work Permit, provided they are already inside the country at the time of submitting an Open Work Permit application.

Eligibility Requirements (if the applicant is a spouse of an International student):

• The spouse should have a valid legal status of a student in Canada
• The education program being pursued by the spouse should be PGWP eligible
• The spouse must be a full-time student at any one of the following:
* A public College or a University Anywhere in Canada
* A CEGEP or a private college-level school in Quebec
* A Canadian private institution that is legally authorized to issue degrees such as Bachelors, Masters, etc.

Eligibility Requirements (if the applicant is the spouse of a Work Permit Holder):

• If the applicant’s spouse/common-law partner is a Quebec selection certificate (CSQ) holder or a Provincial Nominee then the applicant’s application can be submitted, no matter which occupational skill level the spouse is employed in whereas if the Spouse is on any other form of Open Work Permit, then he should be employed in a TEER 0, 1, 2 or 3 job
• The minimum allowed duration on the work permit of the spouse/common-law partner should be at least 6 months

Eligibility Requirements (if the applicant’s inland PR sponsorship application is in processing):

• The PR application should have been submitted under the Spousal/Common-law partner Sponsorship program
• The applicant must be in Canada on a legal temporary status such as a visitor, student, or worker
• The applicant and the sponsor must both be residing together at the same address in Canada when the application for Open work permit is submitted.

Needless to say, in any of the Spousal Open Work Permit applications, the onus is on the applicant, the spouse, and the counsel to prove the genuineness of the relationship by way of providing necessary documents and explaining their marital situation properly. In addition, it is also the responsibility of the spouse and the applicant that they should both maintain valid legal status at all times that are inside Canada.

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