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The Canadian government launched the OWPP (Spousal Open Work Permit Pilot Program) towards the end of 2014 as part of
its primary immigration focus for reunifying family members. The Spousal Open Work Permit allows a spouse or common-law
partner to continue working in Canada while the IRCC is still processing their spousal sponsorship application.
However, you need to hold a work permit to work in Canada legally. A Canadian Work Permit (often known as a Canadian
work visa) is granted to eligible foreign citizens looking to work in Canada after meeting certain conditions.
The program lets a foreigner in Canada apply for an Open Work Permit simultaneously with or after submitting an application for PR.
If you are in a legal marriage (including same-sex marriage) or a common-law partnership with the following people, you can apply for a spousal work permit.
Generally, if you're on a full-time study at a government post-secondary institution or a skilled worker, your common-law partner or spouse may be eligible for an Open Work Permit. A skilled worker falling into this group is someone in the NOC (National Occupational Classification) skill level:
Aside from the NOC skill types 0, A, or B, the individual may need to have proof of employment.
The term "common-law partner" refers to someone who has lived with their spouse in a marital-type relationship for at least
a year. A spouse is someone with whom you have engaged in a legally binding marriage recognized in both Canada and the
nation where it took place.
Your spouse's (or common-law partner's) Open Work Permit is valid for the same amount of time as your employment or study
permit.
The Open Work Permit generally targets inland spousal (and common-law sponsorship) candidates. Inland application is for a
couple who already live together within Canada. The spouse seeking immigration through the program must already be living in
the country temporarily as a student, worker, or visitor.
An Open Work Permit is not restricted to any particular employer. This allows a foreign worker to work for any employer in
the country provided they match the job requirements. An immigration candidate must also meet the following conditions to
qualify for a spousal OWPP:
People who apply through the Open Work Permit Program can apply for a work permit and PR simultaneously. However, if an applicant has already applied for permanent residence, IRCC still allows them to apply for OWPP separately. A spouse accompanying a highly skilled foreign worker in Canada or an international student is often an ideal candidate for an open work permit. Various programs have different eligibility requirements. Here's a brief overview of different spousal sponsorship circumstances!
If your spouse (or common-law partner) is an AIP registrant and works in a National Occupational Classification skill category 0, A, B, or C, you may qualify to apply for a Canadian open work permit.
An open work permit is available to the spouse (or common-law partner) of a Canadian foreign work permit holder who has been nominated for PR by a province or territory for:
It depends on which of the above two circumstances occur first, regardless of the NOC skill type of the principal applicant.
IRCC can grant an open work permit to a spouse or common-law partner of a foreign student presently studying in Canada. Dependent spouses or common-law partners may apply for an open work permit under the LMIA (Labor Market Impact Assessment) exemption code C42 if their spouse or common-law partner is a full-time international student at:
IRCC can issue an open work permit to a foreign person accompanying their spouse (or common-law partner) employed in a high-skilled profession in Canada on a valid work visa. The OWP will be valid for the same amount of time as their spouses or common-law partner's work permit. An OWP is only available if the applicant can demonstrate the following:
A spouse or common-law partner under inland sponsorship
While their PR application is being processed, a spouse or common-law partner can still work in the country on an open work visa under the following circumstances: