Themillenniumimmigration

1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA

Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad

1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA

Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad

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When sponsoring your spouse or partner for permanent residency in Canada, obtaining an open work permit for them can greatly ease the transition. This permit allows them to work for any employer while their sponsorship application is being processed, providing financial stability and integration opportunities

What is an Open Work Permit for Spouses?

An open work permit (OWP) is a work authorization that does not restrict the holder to a specific employer or job. It is a powerful tool for sponsored spouses or partners, enabling them to work across industries and locations within Canada without the constraints of an employer-specific work permit.

Eligibility Criteria for an Open Work Permit During Sponsorship

To qualify for an open work permit as part of the spousal sponsorship process, the following conditions must be met:

  • Applicant’s Relationship: The applicant must be legally married to or in a common-law partnership with the sponsor.
  • Type of Sponsorship: The sponsorship application must be for an inland sponsorship, meaning the applicant is residing in Canada.
  • Permanent Residence Application: A complete permanent residence application must have been submitted.
  • Legal Status in Canada: The applicant must maintain valid temporary resident status as a visitor, student, or worker.

Key Documents Required for the Application

The open work permit application requires comprehensive documentation. Below is a checklist of the primary documents:

  1. IMM 5710 Form: Application to change conditions or extend stay as a worker.
  2. Proof of Relationship: Marriage certificate, joint utility bills, photos, or affidavits from friends and family.
  3. Fee Payment Receipt: Payment of the work permit processing fee and the open work permit holder fee.
  4. Passport Copies: A valid passport and any recent immigration stamps.
  5. Status Documentation: Evidence of valid visitor, student, or worker status in Canada.
  6. Acknowledgment of Permanent Residence Application: Confirmation that the sponsorship application has been submitted and is under review.

Step-by-Step Guide to Apply for an Open Work Permit

1. Complete the IMM 5710 Form

Fill out the IMM 5710 form accurately. Include all requested personal details, immigration history, and intended employment information. Ensure that the form is signed before submission.

2. Pay the Required Fees

The total fee for an open work permit includes:

  • Processing Fee: CAD 155
  • Open Work Permit Holder Fee: CAD 100
    Ensure you retain the payment receipt as proof.

3. Gather Supporting Documents

Compile all necessary supporting documents, such as proof of relationship, temporary resident status, and a copy of your sponsorship application receipt.

4. Submit the Application Online

Use the IRCC online portal to submit your open work permit application. Upload all required forms and documents, ensuring clarity and accuracy.

5. Wait for Approval

Processing times for open work permits can vary, but applicants can track their application status through the IRCC account. Typically, decisions are made within several months.

Benefits of an Open Work Permit for Sponsored Spouses

1. Financial Independence

An open work permit allows your spouse or partner to secure employment, contributing to household income during the sponsorship process.

2. Employment Flexibility

Unlike employer-specific permits, the OWP offers freedom to work in any industry or location in Canada.

3. Career Advancement Opportunities

Holders of an open work permit can gain valuable Canadian work experience, which may benefit their long-term career prospects.

Common Challenges and How to Overcome Them

1. Application Delays

Ensure all forms are complete and all required documents are provided to avoid unnecessary delays.

2. Expiry of Temporary Status

If your spouse’s status is nearing expiration, apply for an extension alongside the open work permit application to maintain legal residency.

3. Miscommunication with IRCC

Monitor emails and updates from IRCC regularly. Respond promptly to any requests for additional information or clarification.

Conclusion

Securing an open work permit for your spouse or partner during the sponsorship process is essential to stability and integration in Canada. Careful preparation and adherence to the requirements can streamline the process and ensure a successful outcome.

FAQ’s

Who can apply for an open work permit during the spousal sponsorship process?

Only individuals being sponsored under the inland spousal sponsorship program are eligible to apply for an open work permit. They must also have valid temporary resident status in Canada.

What is the validity of the open work permit?

The open work permit is usually valid until the earlier of the following dates:
The expiry of the applicant’s passport.
A decision is made on the permanent residence application

Can the sponsor also work during this time?

Yes, if the sponsor already has the legal right to work in Canada, they can continue working while their spouse or partner applies for an open work permit.

Is there a guarantee of approval for the open work permit?

No, there is no guarantee. The approval depends on the completeness and accuracy of the application, as well as the applicant’s compliance with immigration rules.

How long does it take to process an open work permit?

Processing times can vary based on IRCC’s workload. On average, it takes a few months, but applicants should regularly check the IRCC processing times page for updates.

Can my spouse or partner start working immediately after applying for the open work permit?

No, they must wait until the open work permit is approved before they can start working legally in Canada.

Can my spouse apply for an open work permit from outside Canada?

No, open work permits tied to spousal sponsorships are only available to applicants residing in Canada under the inland sponsorship program.
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