IRCC: Latest Updates on Spousal Open Work Permit Eligibility (2024)

If you are wondering about the procedure for your spouse who wants to come to Canada and how to apply, you are in the right place. We will provide insight into the latest updates on spousal open work permit eligibility provided by Immigration, Refugees and Citizenship Canada (IRCC).

Let's explore the details and how these updates might affect you.

What to Do If You Already Applied for SOWP?

If you have already applied for a Spousal Open Work Permit (SOWP), there are several steps you can take to monitor your application status and address any changes that may affect your application:

• Check your application status on the Immigration, Refugees and Citizenship Canada (IRCC) website
• Contact IRCC if some processing time has passed, and provide your application number
• If your circumstances change, such as your marital status or employment, please notify IRCC immediately. Failure to do so on time may result in delays or complications with your application.
• If IRCC requests additional information or documents, please provide them immediately.
• If you have difficulty applying or have any questions or concerns about your eligibility, seek advice from a lawyer or immigration consultant.

Always be informed about the status of your application, and respond to any requests or changes if necessary to process your open work permit application smoothly.

Updated Eligibility Requirements for SOWP

To apply for a SOWP application, you must be eligible and fulfil all requirements. To keep you up to date, we'll have you covered with updated eligibility requirements.

Spouse of a High Skilled Worker (TEER 0, 1, 2, and 3)

The new eligibility criteria for spouses of high-skilled workers include the following:

• The principal applicant must hold a valid Canadian work permit under one of the following categories: National Occupational Classification (NOC) skill level 0, A, B or C.
• The principal applicant's work permit must be valid for at least six months or more when the spouse's SOWP application is submitted.
• The applicant must provide proof of their relationship with the principal applicant, such as a marriage certificate or proof of cohabitation.
• Medical examination (if required)
• Other requirements: Additional requirements may apply depending on the specific circumstances of the application.

Examples of occupations that fall into TEER categories 0, 1, 2 and 3 include:

1. TEER 0: Management occupations, such as public relations managers or corporate executives
2. TEER 1: Occupations that usually require a university degree, such as medicine, law, engineering, natural sciences, and software engineering
3. TEER 2: Occupations that require a college diploma or some form of apprenticeship training that lasts two or more years at community college, institute of technology or CÉGEP;  occupations with supervisory or significant safety;  skilled trades occupations
4. TEER 3: Intermediate-level occupations that require specific skills and knowledge, such as administrative assistants, retail sales supervisors, technical sales specialists, production and transportation logistics coordinators, customs, ship and other brokers

Spouse of a Low-Skilled Worker (TEER 4 and 5)

The eligibility criteria for spouses of low-skilled workers.

• The principal applicant must hold a valid Canadian work permit in one of the following categories: National Occupational Classification (NOC) skill level 4 or 5.
• The principal applicant's work permit must be valid for at least six months or more when the spouse's SOWP application is submitted.
• The applicant must provide proof of their relationship with the principal applicant, such as a marriage certificate or proof of cohabitation.
• Medical examination (if required)
• They may require a certain level of language proficiency for the spouse, but this may vary depending on the specific circumstances and province.
• Other requirements depending on the circumstances and the individual

According to the National Occupational Classification, these occupations require high school or short-term on-the-job training, known as NOC/TEER 4 and 5.

Spouse of a Work Permit Holder Who has/will Apply for PR Through an Economic Immigration Program

To be eligible for a spousal open work permit (SOWP) as the spouse of a work permit holder who has applied for permanent residence (PR) through Canada's economic immigration program, applicants must meet the following criteria:

• Provide proof, such as a marriage certificate or proof of cohabitation.
• You must have applied for permanent residence through an economic immigration program such as the Express Entry System, the Provincial Nominee Program (PNP) or the Quebec Skilled Worker Program (KSVP).
• The principal applicant's work permit must be valid for at least six months or more when the spouse's SOWP application is submitted.

To strengthen the Spousal Open Work Permit application in this category, applicants may consider the following tips:

1. Submit all required documents, including additional supporting documents such as letters of support from employers, proof of financial stability or proof of Canadian ties included and ensure they are accurate and up-to-date
2. Submit an application letter detailing your reasons for applying for SOWP

Regarding these criteria, it is advisable to check the latest information on the Immigration, Refugees, and Citizenship Canada (IRCC) website or seek advice from an immigration professional.

How to Apply for a Spousal Open Work Permit

Before we move on to the step-by-step guide to the application process, we must emphasize that different documents may be required if you are the spouse of a study work permit holder or a spouse of a work permit holder.

The application process looks like this:

• You must be the spouse or common-law partner of a foreign worker in Canada to be eligible for SOWP.
• Collect all the necessary documents (proof of relationship, the principal applicant's work permit, a copy of the principal applicant's application for permanent residence (if applicable), a letter confirming his/her employment in an NOC skill level O, A or B job, three recent pay-stubs, proof of financial support, and any other supporting documents (medical examination and biometrics, if required)
• Complete the Application Form for a Work Permit Made Outside Canada (IMM 1295)
• Pay the fees (may vary depending on your country of residence and the type of work permit you are applying for)
• Submit an application
• Wait for processing and confirmation

If the application process has recently changed, check the Immigration, Refugees, and Citizenship Canada (IRCC) website or consult an immigration professional for the most up-to-date information.

Valid Temporary Status

When applying for a spousal open work permit (SOWP), it is essential to maintain a valid temporary status in Canada to remain legally in the country while your application is being processed. Otherwise, complications may arise.

Accordingly, you will need to submit the following documents:

• Valid passport
• Current document of immigration status (study permit, work permit, visitor record or any other document issued by IRCC)
• Proof of entry into Canada (a copy of your visa, Electronic Travel Authorization (eTA) or Certificate of Permanent Resident (COPR) if applicable, with the date you entered Canada)
• A letter from your employer confirming your employment if you have a work permit.
• Proof of intention to leave Canada (return ticket to your home country or proof of ties to your home country (e.g., property ownership or offer of employment).
• Other supporting documents, such as an invitation letter from your spouse, proof of kinship or proof of financial support

You must submit all necessary documents according to your situation and ensure they are correct and current.

Valid Temporary Resident Status

Valid temporary resident status for Spouse Open Work Permit (SOWP) applicants in Canada means that you are legally allowed to be in the country for a temporary period with a valid visa, electronic travel authorization (eTA) or a document such as a visitor record, study permit or work permit issued by Immigration, Refugees, and Citizenship Canada (IRCC).

Common mistakes to avoid when proving temporary resident status for a SOWP application include:

• Your passport, visa, study permit, work permit or other relevant documents must be valid during your stay in Canada and the SOWP application process
• Documents must be accurate and up-to-date
• If your current status is about to expire, apply for an extension before it expires to maintain legal status in Canada.
• Unless you meet the conditions, such as if you leave Canada before your status expires

If you do everything according to the regulations, you can strengthen your SOWP application and avoid complications.

What Documents are Required for SOWP?

This is a comprehensive list of required documents for the SOWP application:

• Completed application for work permit made outside of Canada (IMM 1295) form.
• Proof of relationship, such as a marriage certificate or proof of common-law relationship
• Principal applicant's work permit
• Proof of valid status in Canada
• Proof of spouse’s or common-law partner’s status in Canada
• Principal applicant's permanent residence application (if applicable): A copy of the principal applicant's application for permanent residence through an economic immigration program.
• Proof of valid temporary resident status, such as a visa, study permit, work permit, or visitor record.
• Passport, showing your name, date of birth, passport number, and any pages with visa stamps, entry/exit stamps, or other relevant information.
• Passport-sized photographs that meet IRCC specifications.
• Financial support includes bank statements, pay stubs, or a letter of employment from the principal applicant.
• A record of your travel history for the past ten years, including travel dates and destinations visited.
• Other supporting documents include letters of support, proof of ties to your home country, a detailed explanation of your intentions in Canada, children’s birth certificates or other documents to prove their relationship with you.

To ensure your documents meet IRCC standards, consider the following tips:

1. Submit all required documentation in the specified format (e.g., PDF or JPEG).
2. All documents must be up-to-date, clear and legible
3. Translate all documents into English or French if required
4. Provide certified copies of original documents if needed.
5. Include a cover letter explaining the purpose of your application and any additional information that may support your case.

Prepare everything on time so that your application goes smoothly.

Other Ways to Bring Your Spouse to Canada

Besides the Spousal Work Permit (SPW), there are other ways to bring a spouse to Canada which are:

• Family sponsorship
• Spousal sponsorship
• Provincial Nominee Programs (PNP)
• Study permit as a path to permanent residence
• Spousal sponsorship in the country
• Humanitarian reasons

Visiting Visa

A visitor visa or a temporary resident visa (TRV) may be an option for temporarily bringing a spouse to Canada. However, there are limitations to this option:

• A visit visa allows your spouse to stay usually for up to six months
• It does not allow your spouse to work
• It does not pave the way to permanent residence in Canada
• Your spouse must prove that they have a job, property or family as proof that they will return home after the visit.

To recall the requirements for a visiting visa application:

1. Application form (IMM 5257)
2. Passport
3. Proof of relationship
4. Financial support
5. Invitation letter
6. Other supporting documents

Independent Student Visa

There is also an Independent spouse student visa as an alternative way to bring your spouse to Canada.

This option has advantages and limitations. For example, your spouse may accompany you to Canada while you continue your studies, or they may be eligible for an open work permit, which allows them to work in Canada. On the other hand, studying in Canada can be expensive, and you must show that you have enough financial resources to work. Also, there is a limited number of working hours.

Eligibility criteria and application requirements:

• You must have a letter of acceptance from DLI in Canada.
• You must have sufficient funds in your account
• Knowledge of English/French language:
• Health Insurance

Closed Work Permits

This work permit restricts the holder from working for a specific employer, in a specific location, and in a particular period of time. Having this permit makes sense when there is a shortage of qualified Canadian workers at a given moment.

To qualify for a closed work permit, an employer must receive a positive Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).

If we compare closed work permits with open work permits, the first thing is flexibility precisely because of restrictions such as employment with a specific employer and within a particular location.

Key Takeaways

• To be eligible to apply for a Spousal Open Work Permit (SOWP), you must meet the requirements and fulfil all necessary criteria. To qualify for a spousal open work permit (SOWP), you need to be the spouse or common-law partner of a foreign worker in Canada.
• You have to distinguish occupations, tTEER 0, TEER 1, TEER 2, TEER 3, TEER 4, and TEER 5
• Prepare all necessary documentation, such as a valid passport, a valid document of immigration status (study permit, work permit, visitor record or any other document issued by IRCC), a copy of your visa, Electronic Travel Authorization (eTA) or Certificate of Permanent Resident (COPR) if applicable, a letter from your employer, a proof of intention to leave Canada and other supporting documents
• Other ways to bring your spouse to Canada include a visiting visa, an independent student visa, and a closed work permit.
• Be aware of critical dates or deadlines regarding your application, such as job offer validity, application processing time, and submission deadline.

Frequently Asked Questions

How Long Will the Open Work Permit Be Valid?

Work permits are usually valid for 1-2 years. However, the validity period changes upon the worker's passport or travel document expiring and the specific type of open work permit being issued.

Can a Spouse Open Work Permit Be Extended?

You can apply to extend your spouse/common-law partner's stay in Canada when you apply for your PGWP, or they can apply separately but before their current status expires. Submit the appropriate documentation and required fee for each person in the application.

How Long Does It Take to Get a Work Permit After Getting Married?

Usually, it takes between 1 and 4 months to process your spouse's open work permit application. However, your spouse cannot work until obtaining the open work permit. Check the most up-to-date processing times on the Immigration, Refugees, and Citizenship Canada (IRCC) website.