Spousal Open Work Permit (SOWP)
With a spousal open work permit, you are free to take a job in Canada while your partner sponsors you to become a permanent resident. This route is for sponsored spouses and partners living in Canada; if you do not have valid status, different requirements apply, as explained in IRCC’s instructions. In most cases, you also need the letter that Immigration, Refugees and Citizenship Canada (IRCC) sends your sponsor to confirm it received your application.
Who Can Get This Permit?
You can apply if you live in Canada and your spouse or partner is sponsoring you for permanent residence. A dependent child travelling with the sponsored person may apply as well. IRCC uses the term principal applicant for the person being sponsored.
Along with that, your paperwork needs to include proof that you are allowed to be in Canada for now, plus your AOR letter.
Valid Temporary Resident Status
This status is what lets you legally remain in Canada for the time being, whether as a visitor, worker, or student. You have valid status if any of the following describes you:
- You hold a temporary resident permit that is still valid.
- You hold a visitor record, work permit, or study permit that has not expired.
- You have asked to get your status back and you are eligible to receive it.
Do You Need Your AOR Letter First?
Usually, yes. AOR stands for acknowledgement of receipt, and it is the letter IRCC sends to say it got your application. The one you need is the letter your sponsor gets from IRCC for your permanent residence application. Once you have that letter, you can apply for your work permit.
Without an AOR, applying is possible only when two things are both true. First, your work permit, study permit, or status runs out within two weeks. Second, you meet one more condition, which IRCC spells out on the official page.
How to Apply Online
In most cases, you have to apply online through your IRCC secure account.
- Hold off until your AOR letter arrives, since you need it in most cases before applying.
- Log in to your IRCC secure account and open a work permit application.
- Work through the questions, which build a checklist of documents just for you.
- Complete the work permit form, using the special instructions IRCC provides.
- Send in your papers and pay the fee.
IRCC also offers a general walkthrough of the main steps for a work permit.
What to Upload
The personalized checklist handles most of it. For this permit, IRCC also asks for a few extra documents:
- Proof that your status and your children's status are valid, for example, a work permit, a visitor record, or a study permit. Upload this only if your AOR has arrived.
- If you are married, your marriage licence or certificate; if you are common-law, the sworn statement of your union (form IMM 5409). It belongs in the "Family information" form (IMM 5707) section of the checklist.
Some fields take more than one document. IRCC shows you how to put several files into a single field.
Open Work Permit Fee
There is an added charge of CA$100 for holding an open work permit.
If the Spousal Public Policy Applies to You
If your permanent residence application is being processed under the spousal public policy, you need to wait for your approval in principle letter before you apply. That letter means IRCC has approved the first stage of your case.
Applying without valid status? In that case, the application goes in on paper. Your package should contain a letter explaining that your lack of status keeps you from applying online, plus a copy of that approval letter.
Who Cannot Apply?
You can't get this permit at the border, so you can't apply for it at an airport or land crossing. If your permanent residence application is being processed under the spousal public policy, you cannot apply for an open work permit under another public policy or pilot program.
Extending Your Work Permit
Under this public policy, you may get two more years on your work permit. One condition is that your AOR for permanent residence has arrived. IRCC lists the other conditions on its website.
How Long Will Sponsorship Take?
Right now, IRCC estimates about 26 months for sponsoring a husband or wife who lives in Canada, outside Quebec. The latest numbers are on our processing times page. Treat these as estimates, since your own file may take a different amount of time.
When a Dependent Child Wants a Job
Before your child takes a job, check the minimum working age where you live and for that type of work. Everyone holding an open work permit must also respect the labour laws that apply, federal, provincial, or territorial.
Family of Foreign Workers
This permit is meant for people being sponsored for permanent residence. A separate route exists where certain relatives of foreign workers in Canada can qualify for an open work permit. For that route, the foreign worker’s occupation can affect whether their family members qualify.
Wondering how this applies to your own profile? Call 1-888-217-8101
