When you first get a work permit or study permit, it is physically a time of great joy. The opportunity to get employed or study in Canada is massive for several individuals and offers them the prospect of developing their mastery and furthering their academic or occupational objectives.
Hence, if you have a spouse or common-law partner, being away from them for a long time is daunting. Several couples do not desire to be separated, which pressurizes experienced and educated individuals to give up prospects of residing or getting employed in Canada, as they assume their spouse cannot follow them.
Luckily, this usually needs to be corrected. There are several conditions under which the partner of international students or international employees can benefit from a kind of work permit described as a Spousal Open Work Permit (SOWP). These are naturally authentic for the same duration as the original employment or study permit and authorize the couple to be in Canada together.
In this article, we clarify the spousal open work permit and indicate how partners of work or study permit holders can apply for this special prospect.
Table of Contents
Meaning Of Spousal Open Work Permit
The spousal open work permit is provided to the spouses or common-law partners of people awarded a work or study permit in Canada. Getting data on the Spousal Open Work Permit can be difficult, as various kinds of permits are provided based on the type of permit acquired by the main international citizen. This spouse first obtained a work or study permit in Canada.
The Spousal open work permit is a specifically beneficial kind of work permit as it is open instead of closed. This implies that the open work permit is not bound to a particular employer or even a specific employment.
Using a closed work permit, the person making the application is naturally required to ascertain that they have an authentic job offer from an employer in Canada. They must also offer a favorable Labour Market Impact Assessment (LMIA), a paper indicating that the labor market authenticates the present requirement for these international employees to take over the employment in question. Based on Canadian Immigration and Citizenship, this procedure also indicates that no employee in Canada or permanent resident is obtainable to carry out the job.
An open work permit does not demand a Labour Market Impact Assessment, which can be an extra inconvenience and cost to several prospective candidates.
Who Is Qualified For The SOWP?
There exist two classes of people qualified for a Canadian Spousal Open Work Permit:
1. Spouses And Common-law Partners Of Foreign Students
The first class of qualification surrounds the spouses and common-law partners of international students on study permits. Specific spouses and international students’ common-law partners may qualify for a spousal open work permit. Qualification is based on when you make an application, your study level, and whether your partner or spouse is making an application to continue an existing SOWP.
If Your Spouse Or Partner Is Making An Application For A Spousal Open Work Permit On Or After March 19, 2024
Beginning March 19, 2024, spousal open work permits will only be provided for international students who are studying in specific courses; these include:
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- Students on specific professional course programs such as:
- Bachelor of engineering
- Doctor of dental surgery
- Bachelor of education
- Bachelor of Law or Juris Doctor
- Bachelor of Science in Nursing
- Doctor of medicine
- Doctor of Veterinary Medicine
- Pharmacy
- Doctor of Optometry
If Your Partner Or Spouse Presented Their Request For A Sowp Before March 19, 2024, Or If They Are Making An Application To Continue Their Existing Permit
Your spouse or common-law partner may be qualified for a Spousal Open Work Permit if:
- You have an authentic study permit.
- You are qualified for a Spousal Open Work Permit.
- You are a full-time student at a public post-secondary school, a private college-level school in Quebec, or a private school in Canada that can lawfully grant programs under regional law.
2. Spouses And Partners Of Temporary International Workers
The other class of people who may apply for a Spousal Open Work Permit are partners or spouses of a main international citizen on a work permit in Canada. In this case, the couple is required to ascertain the following:
- The main international citizen has an authentic work permit.
- The main candidate’s work permit is authentic for at least six months after filing the Spousal Open Work Permit.
- The main candidate is hired in a qualified profession.
- They intend to settle in Canada while hired.
The couple must prove they are in a legal relationship in these two conditions.
How To Make An Application For SOWP
The application procedure for a spousal open work permit differs depending on whether the person is applying from within Canada or outside the nation. Before anything is done, review the qualification measures for your classification and specify whether your case checks all the boxes. If not, your request will not be endorsed.
If you are making an application from inside Canada, review the instruction manual to make sure you have everything you require. From there, you will use an online search tool to answer questions about your personal information, relationship, and spouse’s work permit or study permit. The online search tool will create a personalized document checklist.
When you have assembled all the necessary documents, you can create an IRCC Online Account, which will permit you to scan and upload all the documentation and forms needed for the application and reimburse the necessary payments.
If you are applying outside Canada, the forms and documentation needed will differ based on your nation of origin. You can select whether to make an application online or submit a paper request. Applying for a spousal open work permit is a unique prospect for non-Canadian couples to explore Canada together.
