Spouses and common-law partners of temporary residents are eligible to apply for an open work permit.
Nevertheless, if your spouse have a valid status in Canada, whether employed or enrolled in school, you might qualify to apply for an open work permit of your spouse outside Canada.
An open work permit allows you to work for any employer in Canada without many restrictions. This article discusses:
- How does a Spouse Open Work Permit work?
- Eligibility requirements for a spousal open work permit
- When should you apply?
- Full Step-Wise Guide To Apply For Spouse Open Work Permit
How does a Spousal Open Work Permit work?
Suppose a foreign national’s work/study permit is approved or they are already in Canada on study/work permit.
Then, the foreign national’s spouse can apply for an open work permit given that they fulfill certain conditions.
Note that foreign nationals are not permitted to work in Canada without the necessary authorization.
Without the appropriate work permit, it is unlawful to work in Canada and could affect future immigration applications. Below are the steps to apply.
Eligibility requirements for a spousal open work permit
There are a few minimal requirements you must fulfil to be eligible for a spousal open work permit, including:
- Sponsoring spouse must have a valid temporary resident status on study permit in Canada. “OR”
- Sponsoring spouse have a valid work permit (including PGWP) and currently working in a TEER 0, 1, 2, 3, 4, or 5 occupation.
When should you apply?
Your spouse or partner can apply for work permits before or after arriving in Canada.
Typically, the work permit will be granted for the same length as your partner’s (work or study) permit. A job offer is not required for your spouse/partner to apply for a work permit.
In some instances, Canadian visa offices abroad will process applications for spouse work permits simultaneously with those for student/work permits.
In this situation, you must include the additional work permit fees and complete the work permit application for your spouse.
Additionally, the majority of spouses may first enter Canada as visitors before applying for a work permit.
Therefore, if your spouse or partner doesn’t need a TRV, they might be able to apply for a work visa at the border or airport where they enter Canada.
Full Step-Wise Guide To Apply For Spouse Open Work Permit
Step 1: Sign in to my IRCC using GCKey or a Sign-in Partner
You must sign up for MyCIC using GCKey or a Sign-in Partner if you have an existing account. If you are a new user, register to create a new account.
Additionally, remember that you will require your Client ID from your study or work permit to complete registration if applicable.
Step 2: Select “Apply for study/work permit or visitor visa.”
You’ll need to input your unique checklist code. If you do not have your code, select “Determine your eligibility.” Then answer prompted following questions.
Step 3: Complete the online application form and compile the necessary supporting documents.
Fill out form IMM 5710 for your application. Then, select ‘Validate’ and save a copy that isn’t signed.
Gather the following documents:
- Digital photograph (420×540 pixels)
- Passport with only pages of stamps, visas and photos
- Proof of funds (bank statements)
- Your partner’s study/work permit, PR card or Canadian passport
- Marriage certificate (translated into English or French)
- Common in law declaration form IMM5409 (if applicable)
- Family information form IMM5707 or 5645 (this form is required if mentioned in your checklist)
When you have completed all the paperwork, save it electronically as a pdf, jpeg, or word document. The file shouldn’t exceed 4MB in size.
Step 4: Pay the application fee
Pay the $255 with your credit card online (VISA, MasterCard, American Express). Remember to save or print a receipt.