Can my spouse or partner work while their sponsorship application is being processed?

Yes, but only with a work permit.

If you are sponsoring your spouse or partner in Canada, they can apply for an open work permit when they apply for permanent residence.

While your spouse or partner’s permanent residence application is being processed, they must:

  • Maintain legal status as a temporary resident in Canada, and;
  • Wait for their work permit to be approved before starting work.

If the spouse or partner already has a work permit that is expiring, they may continue to work as long as they maintain their status as a worker.

What is an Open Work Permit?

An open work permit is one of many types of work permits that allow foreign workers to legally work in Canada. Open work permits allow foreign nationals to work in Canada for any number of employers in various locations. The biggest advantage is that they allow for freedom of movement between employers, occupations, workplaces or locations in Canada.

An open work permit can allow your spouse or partner to be professionally active in the Canadian labor market, while also reducing the economic and emotional burden of a potentially lengthy application process. You do not need to have an offer of employment to apply.

What are the eligibility criteria?

In order to get a spousal open work permit, there are certain criteria which must be met:

  • A spousal/common-law partner sponsorship application for permanent residence is submitted.
  • The applicant and sponsor must reside at the same address.
  • The applicant must have valid temporary resident status as a visitor, student or worker.
  • The applicant and sponsor must meet all eligibility criteria for the spousal/common-law partner sponsorship.

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