Are you planning to sponsor your spouse for permanent residency in Canada? If so, then understanding the open work permit can make a world of difference. Open work permits allow spouses or common-law partners to work for any Canadian employer while their sponsorship application is being processed. This means they don’t have to wait until the sponsorship process is complete before starting their career in Canada. In this blog post, we’ll give you an overview of open work permits and how they can benefit your spousal sponsorship application. So sit back, grab a cup of coffee, and let’s dive into it!
What is Open Work Permits?
An open work permit is a document that gives foreign nationals the right to work in Canada without having to first obtain a labor market impact assessment (LMIA) from Employment and Social Development Canada (ESDC). Open work permits are usually valid for a specific period of time and allow holders to work for any employer in Canada, with some exceptions.
There are two types of open work permits:
– General – available to certain categories of foreign nationals who meet the criteria set out in the Immigration and Refugee Protection Regulations; and
– Specific – issued to foreign nationals who meet the criteria set out in a particular immigration program or by an ESDC officer.
The Spousal Sponsorship program is one of the programs that allows eligible foreign nationals to apply for a specific open work permit. To be eligible, you must have been sponsored by your spouse or common-law partner, have an LMIA-exempt job offer, and meet all other criteria set out in the Immigration and Refugee Protection Regulations.
Who Qualifies for an Open Work Permit?
An open work permit allows the holder to work for any employer in Canada and does not require a job offer. Open work permits are usually valid for the same period as the holder’s temporary residence status. For example, if you are approved for a two-year spousal sponsorship, you would likely be granted a two-year open work permit.
There are some exceptions to this rule. Open work permits issued under the Post-Graduation Work Permit Program (PGWPP) are only valid for three years, regardless of the length of your studies. And, open work permits issued to live-in caregivers are only valid for four years, after which they must apply for a new one.
To be eligible for an open work permit, you must:
be the spouse or common-law partner of a skilled worker or international student who has been approved for permanent residence in Canada; or
have been granted refugee status in Canada; or
have been approved for permanent residence under the Humanitarian Ground Program; or
be a victim of human trafficking and have applied for a temporary resident permit
How to Apply for an Open Work Permit
If you are married to or in a common-law relationship with a Canadian citizen or permanent resident, you may be eligible to apply for an open work permit. An open work permit allows you to work in Canada without having a job offer. This type of work permit is usually valid for the same period of time as your spouse’s or partner’s work permit. For example, if your spouse or partner has a work permit that is valid for two years, your open work permit would also be valid for two years.
To apply for an open work permit, you must:
-be married to or in a common-law relationship with a Canadian citizen or permanent resident; and
-have applied for permanent residence under the Spouse or Common-Law Partner in Canada Class. You do not need to wait for your permanent residence application to be approved before you apply for an open work permit. However, you will need to provide proof that you have applied for permanent residence when you apply for the work permit.
If you meet the above requirements, you can submit an online application through the Immigration, Refugees, and Citizenship Canada (IRCC) website. You will need to provide various documents as part of your application, including proof of your relationship with your spouse or partner and proof that they are authorized to work in Canada. Once your application is submitted, IRCC will assess it and determine whether you are eligible for an open work permit. If your application is approved
Benefits of an Open Work Permit
An open work permit allows the holder to work for any employer in Canada, without the need for a Labour Market Impact Assessment (LMIA). This is a significant benefit for those who are looking to gain Canadian work experience or start a new job while their spousal sponsorship application is processing.
There are also no restrictions on the type of work that can be done with an open work permit. This means that holders can take on any job, whether it is full-time, part-time, seasonal, or contract work. And, because there is no need for an LMIA, employers do not need to go through the hassle and expense of applying for one.
An open work permit allows holders to apply for a Social Insurance Number (SIN), which is required to work in Canada. Without a SIN, workers would not be able to get paid by their employers. So, having an open work permit makes it much easier for those who are sponsored by their spouse to live and work in Canada while their application is being processed.
Alternatives to an Open Work Permit
There are a few alternatives to an open work permit for those seeking spousal sponsorship in Canada. The first is a closed work permit, which requires the holder to be employed by a specific employer in a specific occupation. This type of work permit may be an option for those who have already secured employment in Canada. The second alternative is a study permit, which allows the holder to study at a designated learning institution in Canada. This may be a good option for those who are not yet eligible for spousal sponsorship but still wish to live and work in Canada. The last alternative is a visitor visa, which allows the holder to stay in Canada for up to six months at a time. This may be a good option for those who are not eligible for any other type of visa or who only need to stay in Canada for a short period of time.
Resources and Support
When you begin the process of spousal sponsorship in Canada, you may be worried about your spouse’s ability to work while their application is being processed. However, there is no need to worry! If your spouse is not currently working in Canada, they may be eligible for an open work permit.
An open work permit allows your spouse to work for any employer in Canada, without the need for a job offer. This can be extremely helpful if your spouse is struggling to find employment. With an open work permit, they will have the opportunity to gain Canadian work experience, which can make it easier to find a job once their application has been approved.
There are a few requirements that must be met in order for your spouse to be eligible for an open work permit. First, you must have already submitted a complete application for spousal sponsorship. Second, your spouse must pass a criminal background check. They must provide evidence that they have enough money to support themselves while they are in Canada.
If your spouse meets all of the requirements listed above, they should contact Immigration, Refugees and Citizenship Canada (IRCC) to request an open work permit. Once they have received their permit, they will be able to start working right away!
Conclusion
Open work permits for spousal sponsorship in Canada are a great opportunity for couples who wish to immigrate together. It allows you to live and work in Canada as soon as your application is approved while enjoying the same rights and benefits as any other Canadian citizen or permanent resident. Although the process can be lengthy and complicated, it’s important that you seek professional help if needed, so that your application doesn’t experience any unnecessary delays or denials. With the right guidance and support, you should have no problem obtaining an open work permit for spousal sponsorship in Canada.
