The spousal open work permit: who qualifies and when to apply

The spousal open work permit lets a sponsored spouse work in Canada while the permanent residence application is being processed. It is not granted with the sponsorship. It is a separate application that you have to make, and it depends on a letter you have to receive first.

What an open work permit is

IRCC's definition is precise and worth quoting, because it sets the outer edge of what the permit allows. An open work permit lets you work for any employer in Canada, except those who are on the non-compliant list, or who regularly offer striptease, erotic dance or escort services, or erotic massages.

The practical consequence is that no employer has to do anything for you. IRCC confirms open work permits are not job-specific, so you do not need a job offer, and your employer does not need a labour market impact assessment, an offer of employment submission or the employer compliance fee. For a spouse looking for a first Canadian job, that removes the barrier most employers will not cross.

Who can apply

IRCC's page for this permit sets out two groups: a spouse, common-law partner or conjugal partner living in Canada who is being sponsored for permanent residence, and an accompanying dependent child of the principal applicant.

If you are the person being sponsored, IRCC requires all three of the following:

1. You are in a genuine relationship with your sponsor.
2. You are included in an application for permanent residence and have an acknowledgement of receipt letter confirming that the permanent residence application is being processed. IRCC specifies that this must be the acknowledgement of receipt for the permanent residence application, and that it is the one your sponsor receives from IRCC.
3. You are living in Canada with your sponsor.

IRCC explains what the acknowledgement of receipt actually signifies: it means an officer has reviewed the application package and confirmed that it is complete. IRCC also says the letter contains the application number, that the number is in the top left corner, and that it starts with an F. That detail matters because people routinely submit the wrong letter.

A dependent child qualifies where the principal applicant they are accompanying meets those same three conditions, and where the child is living with the principal applicant and the sponsor. IRCC adds a practical reminder that before a dependent child works, you should check the minimum age required to work in that province or territory and in that type of job.

It is not only for inland applicants any more

The old rule of thumb was that the open work permit belonged to the inland route. That is out of date. IRCC's eligibility wording is about living in Canada while being sponsored, not about the class of application, and IRCC's instructions for filling in the form tell applicants to enter "SCLPC FC OWP" as the job title, covering both the spouse or common-law partner in Canada class and the Family Class.

IRCC's page on what happens after you apply describes the outland version of the sequence. Once the sponsorship application is in and the sponsor has the acknowledgement of receipt, the spouse abroad can apply for a visitor visa, and once they arrive in Canada they can apply for an open work permit if they are living with the sponsor. IRCC says a spouse or partner may also be eligible for faster processing of that visitor visa, applied automatically without asking.

So this permit is no longer a reason on its own to choose the inland route. That is a real change in the advice, and it matters because the inland route carries costs the outland route does not.

When to apply

The normal answer is: once you have the acknowledgement of receipt. IRCC says that once you get that letter you can apply for an open work permit, and that you must apply online in the IRCC secure account.

There is one narrow exception. IRCC allows an application without the acknowledgement of receipt only where both of these are true: your work permit, study permit or temporary resident status will expire in two weeks or less, and you have applied for permanent residence either under the spouse or common-law partner in Canada class as a spouse or common-law partner, or under the Family Class as a spouse, common-law or conjugal partner sponsored overseas. In that case IRCC asks you to upload a copy of your current permit or visitor record together with proof that you submitted the permanent residence application.

If you do not have valid temporary resident status

This is where the route changes. IRCC treats valid temporary resident status as holding a valid temporary resident permit, a valid visitor record, work permit or study permit, having maintained your status, or having applied for and being eligible for restoration of your status as a visitor, worker or student.

If none of that applies and the permanent residence application is being processed under the spousal public policy, IRCC says you must wait for your approval in principle letter before you are eligible, and that you cannot apply under another public policy or pilot in the meantime. If you have that letter and are out of status, IRCC says to apply on paper, with a letter explaining why you cannot apply online and a copy of the approval in principle letter.

What the permit does not cover

People tend to read "open" as "unlimited". It is not.

• Employers on IRCC's non-compliant list, and employers who regularly offer striptease, erotic dance, escort services or erotic massages.
• Conditions printed on the permit itself. IRCC says restrictions can relate to what type of work you can do, giving the example that a medical exam may be needed for some jobs, and to where you can work.
• Status for anyone else. A dependent child needs their own permit and has to meet the requirements for it.
• Health coverage. IRCC warns you may not be eligible for public health insurance right away and suggests checking your province or territory's requirements and considering private cover.
• Applications at the border. IRCC states you cannot apply for this permit if you plan to apply at a port of entry.
• The permanent residence application. The two are decided separately.

Travel, and the trap in maintained status

If you apply to extend a work permit before it expires, IRCC says you have maintained your status and are authorized to work without a permit until a decision is made, and it attaches a condition: as long as you stay in Canada. Leaving the country while on maintained status can cost you the authorization to work when you return.

This compounds a risk that already exists for anyone sponsored under the spouse or common-law partner in Canada class. IRCC's guide warns that if your spouse or common-law partner leaves Canada while the application is being processed, there is no guarantee they will be allowed to re-enter, and that this is especially true if they need a visitor visa. Two separate problems, same trip.

IRCC also notes that while you are on maintained status you usually cannot renew provincial or territorial documents such as a driver's licence or a health card, and that you cannot apply for or update a social insurance number until you receive the new permit. Renew what you can before the current permit expires.

Extending the permit

IRCC says you can extend this open work permit for two more years under the public policy if you received the acknowledgement of receipt for the permanent residence application and that application is still being processed, meaning no decision has been made. Apply before the current permit expires so the maintained status rules protect you rather than leaving a gap.

Can my spouse apply at the same time as the sponsorship?

In the normal case, no. IRCC ties eligibility to the acknowledgement of receipt letter, which only exists once an officer has reviewed the package and confirmed it is complete. The narrow exception is where the applicant's status will expire in two weeks or less and the permanent residence application has been submitted.

My spouse is sponsored outland but is visiting me in Canada. Can they apply?

IRCC's eligibility wording covers a spouse, common-law partner or conjugal partner living in Canada who is being sponsored for permanent residence, and IRCC describes an outland applicant arriving on a visitor visa and then applying. They must meet every requirement, including living in Canada with the sponsor.

Does an approved work permit mean the sponsorship is going well?

No. They are separate applications decided separately. The permit tells you IRCC accepted the permanent residence application as complete and that the work permit requirements were met. It is not a signal about the eventual decision.

Can my spouse work in a hospital or a daycare on this permit?

Possibly, but not automatically. IRCC says an open work permit may carry restrictions on what type of work you can do, and gives the example that a medical exam may be needed for some jobs. Check the conditions printed on the permit itself.

What happens if the permanent residence application is refused?

The route closes. IRCC states you cannot apply for this open work permit if the permanent residence application has been refused, withdrawn or returned. An existing permit is a separate document with its own expiry, so get advice about status quickly if a refusal arrives.

Want to know whether your spouse qualifies for the open work permit and when to file? Book a consultation

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