Open Work Permit and Spousal Application

Open Work Permit for Spouse:

Does your spouse require an open work permit to work within Canada? We understand that it can be difficult to figure out the requirements on how to obtain a work permit and that the process itself can be long and tedious. Before applying for such a permit, it is important to know what having an open work permit entails and if your spouse is eligible for it.

What is an Open Work Permit?

When you seek to obtain an open work permit, you are seeking to be in possession of a document that allows you to work for any employer for a specified amount of time. Depending on the type of open work permit, you may or may not be limited to which occupation or which location you are able to work at. If you are in possession of an open work permit, you do not require a job offer or a labour market assessment impact to apply for a work permit.

Can Your Spouse Apply for an Open Work Permit?

Yes! While your spouse will have to apply by him or herself for an open work permit, they can be considered eligible to apply for an open work permit if the following requirements are met:

• You have a work permit that is valid for more than 6 months and the work you are doing qualifies as “skilled labour”

• Your work permit is for an eligible occupation within the provinces

• You possess a valid study, permit which allows you to study as a full-time student in a Canadian institute
• You have a work permit that is valid under the “post-graduate work program”

If any of the above mentioned conditions are met, your spouse can receive an open work permit valid for as long as you own work or study permit is valid.

Applying For an Open Work Permit

Applying for an open work permit requires following similar guidelines to applying for a regular work permit and can take place in the following ways. You can:

1. Apply from Outside Canada

It is possible for your spouse to apply for an open work permit while still outside Canada. In this case, the following documents are necessary to apply for a permit:

• • • Proof of identity
    • Proof of employment
    • Proof of relationship
    • Other documents such a proof of immigration or visa status.

1. Inside Canada

In order to apply for an open work permit for your spouse within Canada, it is essential that:

• • • You are living in Canada and have a valid study/work permit
    • Your spouse has graduated from a Canadian educational institution
    • Your spouse has a temporary resident permit valid for more than 6 months

Note: All documents mentioned above, as requirements for applying for an open work permit are necessary for applying from within Canada.

1. Arriving to Canada

Your spouse can request an open work permit upon arriving to Canada if

• • • A visa is not required by your spouse to work in Canada
    • Your spouse does not need an LMIA or already has an LMIA

Important Points When Applying for an Open Work Permit

Regardless of where you apply for your spouse’s open work permit, you have to be able to assure the officer in charge that once the permit is expired, your spouse will return home. You must also be able to prove that you will have enough money to support yourself and your family and that you will follow all the rules and regulations within Canada.

We Can Help!

While this process can seem like a difficult and daunting task, it is one that can be accomplished easily with the help of those who are practiced in dealing with immigration rules and regulations. At Akrami & Associates, we have experienced immigration representatives that will guide you through the whole process and help you attain the result you desire.