Canada is one of the major international immigration hotspots. Immigration regulations therefore place a high premium on family cohesion, particularly with regard to spouses. Using their spouse’s work permit, Canadians who are employed or enrolled in school and wish to bring their spouses into the nation can do so. Applying for a work permit enables the spouse of a Canadian student or worker to live, work, and make an economic contribution to Canadian society while residing with their family. Due to the complexity of applying for a spouse work permit, it is optimal to consult immigration lawyers in Hamilton to learn the best course of action and make sure all requirements are fulfilled.
WHAT IS A SPOUSE OPEN WORK PERMIT?
In Canada, a foreign worker’s spouse can live and work with a Spouse Open Work Permit, a temporary residency visa. An open work permit is available to family members of the majority of foreign employees and international students enrolled in a university’s Master’s program. A family member with an open work permit is able to work for any Canadian firm.
ELIGIBILITY CRITERIA FOR SPOUSE OPEN WORK PERMIT
Certain requirements must be fulfilled in order to qualify for a Spouse Open Work Permit in Canada:
- Relationship Proof: You must provide documentation of your relationship with the sponsor, such as a common-law declaration or marriage certificate.
- Sponsor’s Status: The sponsor must be a full-time student enrolled in an accredited Canadian institution or a foreign worker. The spouse cannot obtain a work permit unless the worker’s employment is legitimate and satisfies the requirements.
- Evidence of Financial Support: During their stay in Canada, the sponsor might have to provide evidence that they can sustain their spouse financially.
These prerequisites guarantee a smooth application process and the eligibility of both partners to cohabitate and work in Canada.
APPLICATION PROCESS FOR SPOUSE OPEN WORK PERMIT
There are various procedures involved in obtaining a Spouse Open Work Permit in Canada:
Documents Required
- Common-law status documentation or a marriage certificate as a proof of relationship.
- Copies of your most recent immigration paperwork, such as your work permit, study permit, or visitor record, serve as proof of your status in Canada.
- Copies of your spouse’s or partner’s citizenship, permanent residency, or current work permit serve as proof of spouse status.
- A letter verifying that your application for permanent residence known as Acknowledgement of Receipt (AOR) is being processed.
- Original, valid passport with all pages in clear copy.
- A recent passport-sized digital photo that satisfies IRCC requirements.
- Evidence of a medical examination, if necessary.
Online Application
Apply online by visiting the Immigration, Refugees, and Citizenship Canada (IRCC) website. Make sure you’ve registered and accurately completed all the forms. In the application process, couples can select between two options:
- Inland Sponsorship: In order to apply for sponsorship under this category, the foreign spouse or partner must be temporarily employed, enrolled in school, or visiting Canada, and both spouses must reside in Canada together. It is necessary for the sponsor and the applicant spouse to reside in Canada together while the application is being processed. Applications for this kind of sponsorship are submitted in Canada. While awaiting processing of their application for inland sponsorship, foreign spouses with lawful temporary status in Canada could apply for a Spouse Open Work Permit, which permits them to work for any Canadian business. The goal of this strategy is to reduce the possibility of financial hardship brought on by protracted application processing timeframes.
- Outland Sponsorship: Applications for sponsoring a foreign spouse or partner are often filed when the Canadian sponsor lives in Canada and the sponsored individual resides overseas. If the foreign spouse or partner is from a nation that does not require a visa or if they are granted the necessary Canadian visa, they may be permitted to enter and exit Canada during the application process. While the application is being completed, the Canadian spouse or partner will be required to stay in Canada. The visa office that serves the applicant’s place of origin or where they have been a lawful resident for at least a year handles applications from outside of Canada.
Application Fee Payment
At the time of submission of the application, a non-refundable processing fee needs to be paid online.
Wait For Processing
Processing periods differ based on the country of origin and the particular situation. Processing often takes anywhere from a few weeks to several months.
TIPS FOR A SUCCESSFUL APPLICATION OF SPOUSE OPEN WORK PERMIT
- Your application may be delayed if certain documents are missing or information is inaccurate. Verify everything one last time before submitting.
- Copies of all forms and accompanying documentation should always be kept on hand for your records.
- While awaiting the OWP, make sure the sponsored spouse’s temporary resident status is maintained.
- To prevent delays, reply as soon as possible to any requests for additional papers or information from the IRCC.
- You can increase your chances of success and prevent blunders by working with immigration lawyers in Ottawa.
BENEFITS OF SPOUSE OPEN WORK PERMIT
Many Canadian families benefit from the Spouse Open Work Permit, which permits spouses to work and help out around the house. Because the spousal open work permit is not employer-specific like other work permits, spouses can change jobs without obtaining a new permit, which can ease financial burdens and help with future immigration applications, like applying for permanent residency. Employers can hire someone with a spousal work permit without completing a Labour Market Impact Assessment (LMIA).
VALIDITY OF SPOUSE OPEN WORK PERMIT
The validity of your spouse’s or common-law partner’s permit affects how long your Spouse Open Work Permit will last. If your passport doesn’t expire before then, your work permit will also expire on that day. The validity of your open work permit ends when your passport expires. Reapplying for a new open work permit is possible if your spouse or partner’s work or study permit is extended or if their status in Canada changes (for example, switching from a study permit to a PGWP). You cannot, however, prolong your current Spouse Open Work Permit.
CONCLUSION
In Canada, the Spouse Open Work Permit is an essential instrument for fostering family harmony. In addition to enabling spouses to stay with their families in Canada, it also gives them the chance to support the Canadian economy.
