Permis de travail ouvert pour les conjoints parrainés au Canada

Certain spouses and partners who are being sponsored for Canadian permanent residence and are living in Canada may be eligible to apply for an open work permit while their permanent residence application is being processed.

An open work permit is not tied to a specific employer and generally allows the holder to work for eligible employers in Canada. However, submitting a sponsorship or permanent residence application does not automatically give the sponsored person authorization to work. A separate work permit application is required.

Anka Canada Immigration Consulting assists sponsored spouses and partners with assessing open work permit eligibility, reviewing temporary resident status and preparing the related work permit application.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

​​

Who May Be Eligible?

Under the current public policy, an open work permit may be available to a spouse, common-law partner or conjugal partner who:

• is being sponsored for permanent residence;

• is living in Canada;

• is in a genuine relationship with the sponsor;

• is included as the principal applicant in the permanent residence application; and

• has received an Acknowledgement of Receipt (AOR) confirming that IRCC is processing the PR application.

Certain accompanying dependent children may also qualify under the policy, subject to their own eligibility requirements.

​​​

Is This Open Work Permit Only for Inland Sponsorship?

No.

The current policy is not limited only to applications submitted under the Spouse or Common-Law Partner in Canada Class.

A sponsored spouse or partner living in Canada may also potentially qualify where the permanent residence application was submitted under the Family Class, provided the applicable open work permit requirements are met.

This is an important distinction because the applicant’s physical presence in Canada and work permit eligibility should be assessed separately from the sponsorship class used for the permanent residence application.

​

Do You Need an Acknowledgement of Receipt (AOR)?

In most cases, yes.

The sponsored person generally applies for the open work permit after IRCC has issued an AOR confirming that the permanent residence application has been accepted for processing.

There is a limited exception where an applicant may apply without an AOR if:

• their work permit, study permit or temporary resident status will expire in two weeks or less; and

• they have already submitted a qualifying spouse or partner permanent residence application.

This exception should be assessed carefully rather than assuming that every sponsorship applicant can submit the work permit application immediately with the PR application.

​​​

What Temporary Status Is Required?

Applicants with valid temporary resident status may include those who:

• hold a valid visitor record, study permit or work permit;

• have maintained temporary resident status; or

• have applied for and are eligible for restoration of their status as a visitor, student or worker.

A different rule may apply to certain sponsored spouses or partners who are out of status and whose PR application is being processed under the applicable spousal public policy. In those cases, IRCC generally requires the applicant to wait until approval in principle before becoming eligible for this open work permit.

​​​

Can You Work as Soon as the Application Is Submitted?

Submitting a sponsorship application or an open work permit application does not by itself give a person who was not already authorized to work the right to begin working.

A person who already holds a valid work permit and applies to extend their authorization before it expires may, depending on the circumstances, benefit from maintained status and continue working under the applicable conditions while the new application is processed.

Someone who does not already have work authorization generally needs to wait until the open work permit is approved before beginning employment.

​

Is a Job Offer Required?

No.

Because this is an open work permit, the applicant does not normally need a Canadian employer to provide a job offer or obtain an LMIA.

Once issued, the permit generally allows the holder to work for eligible employers in Canada, although conditions may apply depending on matters such as medical examination requirements or the type of employment.

​

Who Cannot Apply Under This Policy?

IRCC currently states that an applicant cannot use this public policy if their permanent residence application has been:

• refused;

• withdrawn; or

• returned.

The open work permit also cannot be applied for under this policy at a port of entry.

The applicant must continue to meet the general requirements for a Canadian work permit.

​

Can the Open Work Permit Be Extended?

In some circumstances, yes.

IRCC currently allows eligible applicants to seek an extension of up to two additional years under this public policy if:

• an AOR has been issued for the permanent residence application; and

• the PR application is still being processed and no final decision has been made.

The actual validity of a work permit can also be affected by factors such as passport validity.

​

Common Issues to Watch For

Applications can become more complicated when:

• the PR application has not yet received an AOR;

• the applicant’s temporary status is about to expire or has already expired;

• maintained status is incorrectly assumed to provide work authorization;

• the sponsorship application has been returned, withdrawn or refused;

• the applicant assumes that sponsorship automatically gives the right to work;

• the Family Class and in-Canada sponsorship rules are confused;

• the applicant applies under the wrong spousal open work permit category.

This work permit should also not be confused with open work permits available to certain spouses of international students or foreign workers, which have different eligibility requirements.

​​​

How Anka Canada Immigration Consulting Can Assist

Anka can review the permanent residence application, AOR, current temporary status and existing work authorization to determine whether the sponsored spouse or partner may qualify for an open work permit.

Where retained, we can prepare the work permit application, review maintained-status or restoration considerations and ensure that the work permit request is consistent with the underlying sponsorship application.

The objective is to help ensure that the applicant uses the correct work permit pathway and understands when they are legally authorized to work while the permanent residence application is being processed.

​

Important Information

Open work permit eligibility for sponsored spouses and partners is governed by immigration rules and public policies that may change. Eligibility depends on the permanent residence application, the applicant’s location and temporary status, and the rules in force when the work permit application is submitted.

This page provides general information only and does not guarantee work permit or permanent residence approval.