Spouse Open Work Permit (SOWP) Canada

Key Takeaways

• To be eligible for a Spouse Open Work Permit (SOWP), the spouse’s study permit must be issued before or on March 19, 2024.
• The applicant must be a full-time student at a designated institution and qualify for a post-graduation work permit.
• The SOWP application requires proof of relationship with the spouse, sufficient financial resources, and no criminal record.
• The processing time for a SOWP typically ranges from 4-8 weeks, and the current fee is CAD 225, which is non-refundable.
• The SOWP duration matches the spouse’s study permit, and it does not require a Labour Market Impact Assessment or job offer.

Who Can Apply for a Spouse Open Work Permit?

To apply for a Spouse Open Work Permit (SOWP) in Canada, you must meet specific eligibility requirements, which vary depending on the date your spouse’s study permit was issued. If your spouse’s study permit was issued before March 19, 2024, they must hold a valid study permit, be a full-time student at a designated institution, and qualify for a post-graduation work permit.

On the other hand, if their study permit was issued on or after March 19, 2024, they must hold a valid study permit and be enrolled in a master’s or doctoral program, or certain professional degree programs.

As the spouse of an international student, you can apply for a SOWP if you meet the eligibility requirements. This permit allows you to work in Canada while your spouse studies. Understanding the eligibility requirements is important to ensure a successful application.

Make sure you review the specific requirements based on the date your spouse’s study permit was issued to increase your chances of approval.

Eligibility Requirements for a Spousal Work Permit and Visa

Your eligibility for a Spousal Work Permit and Visa hinges on meeting specific requirements. These include holding valid temporary resident status, providing proof of your relationship with your spouse, and demonstrating sufficient financial resources to support yourself and your dependents.

To be eligible, you must be physically present in Canada and hold a valid temporary resident status, such as a visitor visa, work permit, or study permit. You must also provide proof of your relationship with your spouse, such as a marriage certificate or common-law declaration.

You must demonstrate sufficient financial resources to support yourself and your dependents. You and your spouse mustn’t have any criminal record or have committed severe violations of Canadian immigration rules. You may be required to undergo a medical examination to ensure there’s no health risk from your side for the Canadian public.

Meeting these eligibility requirements is important for a successful application for a Spousal Work Permit and Visa.

How to Apply for a Spouse Open Work Permit

To apply for a Spouse Open Work Permit, you’ll need to ensure you meet the eligibility requirements, including having valid temporary status in Canada.

Next, you’ll need to gather the necessary documents, including proof of your relationship, and fill out the application form accurately.

Make sure to review the document checklist carefully to avoid any mistakes or omissions that could delay your application.

Valid Temporary Status

As you prepare to apply for a Spouse Open Work Permit, having valid temporary status in Canada is important, and you must ensure you meet this essential eligibility requirement.

To be eligible, you must be physically present in Canada and hold a valid temporary resident status, such as a visitor visa, work permit, or study permit. This status allows you to legally reside in Canada for a specific period. Make sure you have a valid temporary resident visa or permit before submitting your SOWP application.

If your current status is about to expire, you may need to apply for an extension or a new temporary resident visa or permit. Ensure you understand the requirements and deadlines to maintain your valid temporary status. Failure to do so may lead to complications with your SOWP application.

How to Fill Out the Application Form

You’re now ready to begin the application process by filling out the online form, which requires gathering necessary documents and information about yourself, your spouse, and your relationship. To ensure a smooth application process, make sure you have all the required documents and information readily available.

Start by creating a GCKey, a secure online credential used for various government services in Canada. Once you’ve created your GCKey, create an online account to apply for the work permit, pay fees, and check the status of your application.

When filling out the spouse open work permit application form, provide accurate and complete information about yourself, your spouse, and your relationship. You’ll need to upload required documents, such as proof of relationship, passport, and other supporting documents.

Take your time to review and ensure all information is accurate before submitting your application. Remember to pay the required fees and upload all necessary documents to avoid delays or rejection.

Document Checklist

When preparing your application for a Spouse Open Work Permit, gathering the necessary documents is important to ensuring a smooth and efficient process. You’ll need to provide proof of your relationship, identity, and eligibility for the permit.

Here’s a checklist of essential documents to include:

• Proof of Relationship: A marriage certificate or common-law declaration is required to prove your relationship with your spouse.
• Identity Documents: A valid passport, national identity card, or birth certificate is necessary to establish your identity.
• Proof of Spouse’s Status: A copy of your spouse’s study permit, proof of enrollment, and proof of tuition payment are required to demonstrate their eligibility for the Spouse Open Work Permit.

Remember to carefully review the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date document requirements and to ensure you have all necessary documents before submitting your application.

A complete and accurate application will help prevent delays and ensure a smooth process.

Spouse Open Work Permit Processing Times

Your Spouse Open Work Permit application’s processing time can vary significantly, depending on several factors, including the number of applications received, the completeness and accuracy of your submission, and any additional processing requirements. Typically, the processing time ranges from 4-8 weeks, but it can take less time in some cases.

To minimize delays, ensure that your application is complete, and all required documents are submitted. Incomplete or inaccurate applications can lead to processing delays or even refusal. You can check the status of your application online through your IRCC account or by contacting the IRCC directly.

Keep in mind that the processing time may vary depending on the workload of the immigration authorities. It’s essential to plan accordingly and apply well in advance of your intended start date. You can also consider applying online, which may reduce the processing time.

Can a Spouse Open Work Permit Be Extended?

If your spouse’s study permit is extended, you can apply for an extension of your Spouse Open Work Permit to match the new validity period. This allows you to continue working in Canada while your spouse completes their studies.

To apply for a spousal work permit extension, you’ll need to provide updated documents, including your spouse’s extended study permit and proof of your relationship.

Here are the key steps to follow for a spousal work permit extension:

• Gather required documents: Collect your spouse’s extended study permit, proof of relationship, and other necessary documents.
• Apply online or by mail: Submit your application and supporting documents through the Immigration, Refugees and Citizenship Canada (IRCC) website or by mail.
• Wait for processing: Allow 3-4 months for your application to be processed. You can check the status of your application online or by contacting the IRCC.

Remember to apply for the extension before your current permit expires to avoid any gaps in your work permit. A successful extension will allow you to continue working in Canada while your spouse completes their studies.

Spouse Open Work Permit Fees

The current fee for a Spouse Open Work Permit is CAD 225, which is payable online or by mail when submitting your application. You’ll need to pay this fee as part of the application process for your SOWP. This fee is non-refundable, so make sure you’re eligible for the permit before applying.

It’s essential to note that this fee is subject to change, so always check the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date information on spousal open work permit fees. You may need to pay other fees, such as biometric fees or third-party fees for document translation or language testing, depending on your specific situation.

When paying the fee, you can use a credit card, debit card, or prepaid card online, or send a certified cheque or money order by mail. Be sure to include the payment with your application to avoid any delays in processing. Remember to keep a copy of your payment receipt, as you may need it later.

How Long is a Spouse Open Work Permit Valid?

You’ll be relieved to know that the validity of a Spouse Open Work Permit usually matches the validity of the study permit held by your spouse. This means that the duration of your work permit will be tied to the length of time your spouse is studying in Canada.

Here are some key points to keep in mind regarding the validity of a Spouse Open Work Permit:

• Duration matches study permit: As mentioned, the validity of your work permit will match the validity of your spouse’s study permit.
• Extension possible: If your spouse’s study permit is extended, your work permit can also be extended accordingly.
• Expiration dates aligned: The expiration dates of both permits will be aligned, ensuring that you can continue working in Canada for as long as your spouse is studying.

Remember to plan accordingly and apply for extensions or renewals as needed to maintain your work permit validity.

Can I Work Anywhere in Canada on a Spouse Open Work Permit?

With a Spouse Open Work Permit, you can work anywhere in Canada without needing a Labour Market Impact Assessment or a job offer, giving you the flexibility to pursue employment opportunities that suit your skills and preferences.

Here are some key benefits of working anywhere in Canada on a SOWP:

Location	Employment Opportunities	Flexibility
Urban areas	Access to diverse industries and job markets	High demand for skilled workers
Rural areas	Opportunities in agriculture, healthcare, and education	Lower cost of living
Provincial hubs	Major industries, such as oil and gas, technology, and finance	Access to cultural and recreational activities
Smaller towns	Local businesses, tourism, and hospitality	Close-knit communities and slower pace of life
Remote areas	Opportunities in natural resources, mining, and construction	Unique outdoor lifestyle and adventure opportunities

With a SOWP, you have the freedom to choose where you want to work and live in Canada, allowing you to create a life that suits your needs and goals.

Can I Add My Dependents on My Spouse Open Work Permit?

As you consider your Spouse Open Work Permit, you’re likely wondering if you can add your dependents to your application, and the good news is that you can include them in your SOWP application.

When adding dependents, you’ll need to provide additional documentation, such as:

• Birth certificates: To prove the relationship between you and your dependents.
• Proof of financial support: To demonstrate that you can financially support your dependents.
• Other relevant documents: Such as passports, identification, and proof of relationship.

It’s essential to ensure that you provide all required documents to avoid any delays or issues with your application.

By including your dependents in your SOWP application, you can ensure that they’re also eligible to work in Canada.

Remember to carefully review the eligibility requirements and application process to ensure a smooth and successful application.

How to Renew Your Spouse Open Work Permit

When your Spouse Open Work Permit is nearing expiration, you must apply for an extension to maintain your work authorization in Canada. To renew your permit, you’ll need to submit a new application, providing updated documents and information. The processing time for a renewal is typically between three to four months.

Here’s a step-by-step guide to renewing your Spouse Open Work Permit:

Step	Action
1	Gather required documents, including proof of relationship and financial resources
2	Create an online account and submit the application
3	Pay the application fee (CAD 225)
4	Wait for processing (typically 3-4 months)
5	Receive your renewed Spouse Open Work Permit

Remember to apply for the renewal before your current permit expires to avoid any gaps in your work authorization. If you’re unsure about the renewal process or have questions, consider consulting with an immigration lawyer or expert.

How to Check Your Spouse Open Work Permit Application Status

You can check the status of your Spouse Open Work Permit application online through your IRCC account or by contacting the IRCC directly. This allows you to stay updated on the progress of your application and plan accordingly.

Here are some ways to check your application status:

1. Online through IRCC Account: Log in to your IRCC account and navigate to the ‘Applications’ section. You’ll see the current status of your application.
2. Contacting IRCC Directly: You can contact the IRCC directly through their website or by calling their helpline. Provide your application number and other required details to get an update on your application status.
3. Using the IRCC’s Online Tool: The IRCC provides an online tool that allows you to check the status of your application. You’ll need to enter your application number and other details to get an update.

Remember to keep your application number and other details handy to quickly check your application status. This will help you stay informed and plan your next steps accordingly.

Why Was My Spouse Open Work Permit Refused?

If your Spouse Open Work Permit (SOWP) application is refused, it may be due to incomplete or inaccurate documentation, failure to meet eligibility requirements, or other reasons.

You may have missed providing essential documents, such as proof of relationship or financial resources, or failed to demonstrate sufficient language proficiency. Alternatively, you or your spouse may not have met the required eligibility criteria, such as holding a valid study permit or being enrolled in a qualified program.

It’s essential to review the refusal letter carefully to understand the reasons behind the refusal. You may need to reapply with additional information or correct any errors in your initial application. In some cases, you may need to appeal the decision or explore alternative work permit options. It’s important to address any issues promptly to avoid further delays or complications.

What Happens If My Spouse Open Work Permit is Refused?

Refusal of your Spouse Open Work Permit (SOWP) application can have significant implications for your plans to work and live in Canada with your spouse. If your application is refused, you may feel frustrated and unsure of what to do next.

Here are some key steps to take if your SOWP application is refused:

1. Review the refusal letter: Carefully review the refusal letter to understand the reasons for the rejection. This will help you identify what went wrong and what you need to correct.
2. Gather additional documentation: If the refusal was due to incomplete or inaccurate documentation, gather the necessary documents and reapply with the correct information.
3. Appeal the decision or reapply: You can either appeal the decision or reapply with additional information. Make sure to address the concerns raised in the refusal letter to increase your chances of approval.

Reasons Spouse Open Work Permits Are Rejected

Common reasons for Spouse Open Work Permit rejection include incomplete or inaccurate documentation, failure to meet eligibility requirements, and other issues that can be avoided by ensuring a thorough and accurate application.

As you prepare your application, make sure you understand the eligibility requirements and gather all necessary documents to avoid rejections. One of the primary reasons for rejection is incomplete documentation, which can be avoided by double-checking your application.

Failure to meet the eligibility requirements, such as not being physically present in Canada or not having a valid temporary resident status, can lead to rejection. Other issues, like criminal records or severe violations of Canadian immigration rules, can also result in rejection.

To avoid these common mistakes, take your time to carefully review the eligibility requirements and ensure your application is complete and accurate. This will help you avoid unnecessary delays in the spousal open work permit processing time, which typically takes between 4-8 weeks.

What Happens to My Spouse’s Open Work Permit Application If My Spouse and I Separate or Divorce?

If you and your spouse separate or divorce, your Spouse Open Work Permit application may be affected, and you should consult with the Immigration, Refugees and Citizenship Canada (IRCC) or an immigration lawyer to understand the implications and potential next steps.

Separation or divorce can impact your spouse open work permit application in various ways. Here are some key considerations:

• Impact on application processing: If you and your spouse separate or divorce, the IRCC may put your application on hold or request additional documentation to verify your relationship status.
• Eligibility for the work permit: You may no longer be eligible for the Spouse Open Work Permit if you’re no longer in a relationship with your spouse.
• Potential cancellation of the work permit: If your relationship has ended, the IRCC may cancel your work permit, and you may need to apply for a new work permit or explore alternative immigration options.

It is essential to consult with the IRCC or an immigration lawyer to understand the specific implications of separation or divorce on your Spouse Open Work Permit application.