Staying in Canada with your spouse

Shelby Thevenot
Published: May 19, 2020

Spouses and common-law partners of Canadians who are applying for permanent residence have the option to stay in Canada legally with an open work permit.

The Open Work Permit Pilot allows spouses and common-law partners of Canadians to work in Canada while they are applying for permanent residence through spousal sponsorship. In order to be eligible, they must already be living in Canada on legal status at the same address as their partner, among other criteria. They do not need to have a job offer already.

Immigration, Refugees and Citizenship Canada (IRCC) extended the pilot for the fourth time last January until July 31, 2020. So far there has been no word on whether or not the pilot will be extended this year.

Learn more about Canadian family sponsorship

The key difference with open work permits is that they allow foreign nationals to work for any employer in Canada. Some work permits are employer-specific, where the foreign national may only work for the employer named on their permit for their duration in Canada.

IRCC has extended the pilot every year since it was first implemented in 2014. The program allows spouses and common-law partners to work while waiting to obtain permanent residence.

How to get an Open Work Permit as the spouse or common-law partner of a Canadian

You can apply for the Open Work Permit Pilot and Inland Spousal/Common-law Sponsorship at the same time, or separately.

If you are applying at the same time, send everything by mail including all documents and proof of payment. If this is not possible due to the coronavirus pandemic, IRCC asks that you explain why and they may hold your application for 90 days. If the application is still incomplete in 60 days, IRCC will request the missing documents with an additional 90-day deadline.

If you have already applied for sponsorship and received the approval in principle on your permanent residence application, you can apply for the open work permit online.

The approval in principle is a letter from IRCC stating that the permanent residence eligibility requirements have been met, but medical, security and background checks still need to take place.

If you have not received the approval in principle, then IRCC says to send the application for the work permit by mail. You should include all documents and proof of payment.

Learn more about Canadian family sponsorship

Need assistance with the Temporary Work Permit application process? Contact wp@canadavisa.com.

© 2020 CIC News All Rights Reserved

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
How to move to Canada from the US
A picture of an arrivals to Canada sign at Pearson International Airport
How IRCC’s new Immigration Levels Plan prioritizes in-Canada candidates
A man views the CN tower from a distance on a cloudy summer day
The five most important things to know about renting in Canada
A picture of the Toronto skyline
Can you afford to live in Canada?
Top Stories
Why skilled workers and international graduates in Quebec should consider Express Entry
How to move to Canada from the US
Attending the A.A. International Convention 2025? What to know about entering Canada with your past DUI
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Visit
Attending the A.A. International Convention 2025? What to know about entering Canada with your past DUI
A cityscape of Vancouver.
Have a DUI? Here are your options for entering Canada
A "Canada Arrivals" sign.
Frequently asked questions about visas for students, workers and tourists coming to Canada
A picture of the Toronto Skyline at night
10 frequently asked questions by visitors to Canada
View of Skylon Tower and abandond Ontario Power Comany Generating Station at river level seeing from a boat tour
Link copied to clipboard