How To Apply For Open Work Permit For Your Spouse During The Sponsorship Process?
Did you know that when you sponsor your spouse or conjugal partner, for permanent residency in Canada, your partner and spouse become eligible for an open work permit (OWP)?
Yes, the sponsored person can apply for an open work permit after the Canadian Permanent Resident or citizen has applied for sponsorship. However, they must apply for the Open Work Permit from within Canada.
If your sponsored spouse gets the open work permit, they will be legally authorised to work for most employers and industries in Canada.
This article will provide a comprehensive guide to applying for an open work permit for your spouse during the sponsorship process. But, before proceeding, let us first understand the meaning of open work permit.
What is an Open Work Permit?
The Open Work Permit allows its holder to work for any employer in Canada and does not require an applicant to have a job offer from a specific employer at application. This openness is great for spouses or partners because it gives them time while waiting for permanent residence to be approved; they can also gain employment and financially contribute during that waiting period.
Eligibility Criteria of Spousal Open Work Permit
These requirements include the following for an individual to qualify for an OWP during the sponsorship process:
- Established Genuine Relationship
The relationship between the sponsored individual and the sponsor must be genuine; this can be proven using appropriate documentation.
- Permanent Residence Application
The sponsored person should be included within a permanent residence application filed under the Spouse or Common-Law Partner in Canada Class (Inland) or the Family Class (Outland) with an Acknowledgment of Receipt (AOR) from Immigration, Refugees and Citizenship Canada (IRCC), demonstrating that this application is presently under process.
- Residency Status
The sponsored applicant must also reside with their sponsor during the application stage.
Canada PR Visa applications refused, withdrawn, or returned at the port, or planned work permit applications being done within or at the port, meaning that one does need to apply for an OWP under this policy.
Application Process of Spousal Open Work Permit
To successfully apply for the Spousal Open Work Permit, you are required to follow the following steps:
- Sponsored Person with Valid Temporary Status
- Application online: The individual can apply OWP after the receipt of the AOR from IRCC for permanent residence application, through a secure account with IRCC.
- Accelerated Processing: IRCC can allow submission of the application for OWP without the AOR if the temporary status is valid and has fewer than two weeks left for validity while having already submitted a permanent residence application.
- Sponsor Person without valid Temporary Standing:
- Approval in principle: One needs to get an approval in principle letter from the IRCC only if there is no valid temporary residence status of the sponsor.
- Application Submission: Once one gets the approval letter, through a secure online account of IRCC that person can now apply for OWP.
Processing Time and Consideration
Normally, OWP applications take four months to process. However, some applications may take longer when additional information is sought, such as child custody documents. It is thus essential to have all required documents complete and accurate to process the application with ease.
Recent Updates To Policy
In May 2023, IRCC introduced measures that improve family reunification. These included:
- Faster Temporary Resident Visa (TRV) Processing: Spousal applicants can now benefit from faster processing times for TRVs, meaning they can join their sponsors in Canada more quickly.
- Open Work Permit Extensions: Individuals holding open work permits expiring between August 1st and the end of 2023 will now be eligible for extensions so that they can continue to have employment authorization during the processing of their permanent residence applications.
These initiatives reflect the commitment of Canada to facilitating family reunification and supporting newcomers’ integration into Canadian society.
Conclusion
An open work permit for your spouse or common-law partner during the sponsorship process gives you many benefits, including the opportunity to work and contribute economically while waiting for permanent residence approval. You can effectively go through this process by knowing the eligibility requirements, following the application procedures, and keeping yourself updated on policy updates.
For more details about the open work permit in Canada, contact Province Immigration via +91 98961 96762 or info@provinceimmigration.com
