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NEW Sponsored Spouses, Common-Law Partners and Dependent Children now eligible for Open Work Permit

Who: Spouses, Common-Law Partners, Conjugal Partners of Canadian citizens or Permanent

Residents, and Accompanying Dependent Children of the Principal Applicant

When: In Force May 10, 2023

What: Eligible for an Open Work Permit to work anywhere in Canada

Prior to May 10, 2023, only the spouses of Canadians and permanent residents applying under the Spouse and Common-Law Partner in Canada Class (SCLPC) were eligible to apply for an open work permit.

As of May 10, 2023, both SCLPC and Family Class applicants are eligible to apply for an open work permit.

In order to be eligible and apply for an open work permit you must:

  1. Be the spouse, common-law partner or conjugal partner of a Canadian citizen or permanent resident OR be an accompanying dependent child of the principal applicant in a sponsorship application;

  2. Be living in Canada at the same residential address as your sponsor;

  3. Have valid temporary status in Canada OR be eligible for AND have applied for restoration;

  4. Have submitted an application for permanent residence under the SCLPC or as a spouse, common-law partner, or conjugal partner under the Family Class;

  5. Have received an Acknowledgement of Receipt (AOR) letter from IRCC confirming receipt of your application (also an indication that the file has been found to have passed the initial completeness check);

  6. Include proof you are in a genuine relationship with your sponsor;

  7. For dependent children, upload a copy of the IMM 0008 form for the application for permanent residence, where the principal applicant listed the name(s) of their family member(s);

  8. In the Family Information form (IMM 5707) part of the document checklist, upload

  9. the Family Information form and

  10. your marriage licence or certificate or the Statutory Declaration of Common-Law Union (IMM 5409)

  11. the birth certificates of your dependent children that show both parents’ names

  12. Include the Acknowledgement of Receipt (AOR) letter received from IRCC;

  13. Include proof that you have valid temporary status in Canada or that you have applied for restoration;

  14. Include proof that you are living with the sponsor in Canada;

  15. On the application form:

  16. Select "Open Work Permit"

  17. Enter “SCLPC – FC OWP” in the Job title box.

  18. Enter “SCLPC – FC applicant in Canada public policy” in the Brief description of duties box.

  19. Read the guide to find out how to fill out the rest of the form

  20. Pay the work permit fee ($155) and open work permit fee ($100); and

  21. Submit the application online using the IRCC Secure Account or IRCC Authorized Representative Portal.

You cannot submit this application via the IRCC Permanent Resident Portal. You cannot apply and are not eligible if your application for permanent residence is refused, returned or withdrawn.

If you do not have valid temporary status in Canada, you may still be eligible for an open work permit under a different public policy. If you do not have temporary status in Canada, you should consult with an immigration lawyer before submitting your application.

In order to apply you will need to prove you have valid temporary status in Canada. This may require that you ask CBSA for an entry stamp or a Visitor Record when you first enter Canada. Consult with an immigration lawyer about dual intent before attempting to enter Canada with a permanent residence application in process.

Applicants who are applying as conjugal partners should consider whether being in Canada with their spouse or common-law partner makes them ineligible for the class of application under which they applied. If you are applying as a conjugal partner, consult an immigration lawyer before moving to Canada and applying for this type of work permit.

How to Apply: Open work permit: Applying as a sponsored spouse or common-law partner in Canada

News Release: Canada is reuniting loved ones through new immigration measures New measures also address labour shortages in Canada

Program Delivery Update: Public policy exempting certain applicants applying in the spouse or common-law partner in Canada class or the family class from work permit requirements

Temporary Public Policy: Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the Family Class from work permit requirements

We are able to assist and advise on applying for an open work permit under this new policy.

Book a Consultation

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