Brampton Immigration Consultancy

Spousal Open Work

Are you a spouse or common-law partner of a Canadian citizen or permanent resident, looking to pursue permanent residence through spousal sponsorship? If this resonates with you, consider the opportunity to apply for a spousal open work permit, enabling you to work in Canada while your sponsorship application undergoes processing. In this blog post, we delve into various crucial aspects related to the spousal open work permit.
Who Qualifies for a Work Permit under Spousal or Common-Law Partner Sponsorship?

Individuals sponsored as spouses or common-law partners of Canadian citizens or permanent residents may qualify for a spousal open work permit. This type of permit grants the flexibility to work for any employer in Canada across different job roles. To be eligible for a spousal open work permit through your sponsorship application, several criteria must be met.

– Residing within Canada.

– Having applied for permanent residency through the inland spousal or common-law partner sponsorship program.

– Obtaining the sponsorship file number from Immigration, Refugees and Citizenship Canada (IRCC).

– Possessing valid temporary resident status in Canada or eligibility for status restoration.

– Being non-inadmissible to Canada.

When Can a Sponsored Spouse Apply for an Open Work Permit?

If you are sponsored inland as a spouse or common-law partner, you can initiate the application for an open work permit after submitting your permanent residency application and receiving the sponsorship file number from IRCC.

How to Apply for a Spousal Work Permit in Canada?

The application for an open work permit based on your sponsorship application is an online process, to be submitted through your IRCC account. It’s essential to use my CIC portal for this application, distinct from the PR portal where the sponsorship application was lodged.

Biometrics Fee for Spousal Open Work Permit Application

While the biometrics fee is typically associated with permanent residence applications, there’s a possibility of having to pay it again for the open work permit application if not previously requested. This involves submitting biometrics as part of the work permit application. In cases of double payment with a single biometric submission, a refund will be issued by the Canadian government, depending on prevailing biometric policies.

Processing Time for Spousal Open Work Permit

The standard processing time for a spousal open work permit is around four months, although actual timelines can vary based on IRCC priorities and real-world scenarios.

Maintained (Implied) Status during Application

When applying for an open work permit under sponsorship, you may be eligible for maintained (implied) status. This means that even if your temporary resident status expires during the application processing, you are considered to have valid status in Canada. You can legally stay until a decision is made on your work permit application, given you meet specific criteria.

Benefits of an Open Work Permit

Having an open work permit during the sponsorship application processing brings several advantages:Flexibility to work for any employer without the need for additional permissions.

Facilitates access to services like a Social Insurance number, bank account, healthcare coverage, or a driver’s license.

Allows financial self-sufficiency during the sponsorship application processing, alleviating the financial burden on your sponsor.

Validity of Work Permit for Sponsored Spouses

Typically, the validity of a work permit for a sponsored spouse is two years, offering ample time for the sponsorship application’s approval. It’s crucial to note that the permit’s validity aligns with the passport’s expiration date if it is sooner.

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