Tips on Applying for an Open Spousal Work Permit

An Open Spousal Work Permit can be obtained when you have received the Approved in Principle letter on your Spousal Sponsorship Application made in Canada.

One of the benefits of submitting an in-Canada spousal application is that your spouse may qualify for this consideration. This means that, pending the above-mentioned approval in principle, the applicant can qualify for an open work permit. You will need to demonstrate to the officer that you have received this approval in principle and that you meet other basic criteria.

There are also many other eligible ways to obtain an Open Work Permit that can be categorized into the following list.

1.      You are already working in Canada and your application for permanent residence has been approved under one of the following:

• Spouse or Common-law Partner in Canada class
• Live-in Caregiver Program
• Federal Skilled Worker Program
• Canadian Experience Class
• Provincial Nominee Program
• Federal Skilled Trades Program
• humanitarian and compassionate grounds

You may also be eligible if you are a family member of someone whose application for permanent residence has been approved under one of the above.

2.     Your spouse is

• a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B ,
• a foreign student

3.     You are in Canada under a federal-provincial/territorial immigration agreement, including an active pilot project, or you are a spouse or dependent child of someone who is in Canada under a temporary foreign worker annex of a federal-provincial/territorial immigration agreement with an applicable pilot project.

4. You are a full-time student enrolled at an eligible publicly funded post-secondary educational institution or you are in an approved program at an eligible privately funded institution.

5.     You have a Temporary Resident Permit valid for at least six months.

6.     You are participating in

• the Canada World Youth Program; or
• International Experience Canada.

7.      You have filed a claim for refugee protection in Canada and

• you are waiting for the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada to decide on your claim; and
• you cannot pay for your basic needs without working.

8.     The RPD has rejected your refugee claim

• but the Government of Canada is not yet ready to remove you from the country and
• you cannot pay for your basic needs without working.

9.      You are a family member of a foreign representative.

10.    You are a family member of a foreign military member who is working in Canada.

11.    You are a professional athlete allowed to enter Canada, and you need to do other work to support yourself while playing for a Canadian team.

If your situation is on the above list, contact us so that we may help you get the status in Canada you are entitled to.