Spousal open work permit Canada is a demanding pathway that welcomes spouses or loved ones of international students, workers, and permanent residents to unite with them. Due to the demand, many are confused about whether they can stay in Canada while waiting for their spouse work permit Canada to be approved.
In this blog, you will clearly learn about how to legally remain in Canada during the SOWP application inside Canada process.
What is a Spousal Open Work Permit (SOWP)?
A spousal open work permit is the structured pathway designed for eligible spouses or common-law partners of temporary residents of Canada to travel to Canada and work in any field or under any employer without needing to furnish a job offer.
Eligibility
Spouse work permit Canada can be applied for by the following individuals:
- The spouse or the common law partner of an international student enrolled in an eligible post-secondary program under DLI.
- The spouse of a skilled worker with an eligible occupation under the TEER category
- The spouse of a Canadian permanent resident being sponsored through an inland family sponsorship
Benefits
- After travelling to Canada, the spouse can work for any employer in any province
- For this, the spouse does not need to furnish a Labour Market Impact Assessment (LMIA)
- The spouse may remain in Canada under an implied status if they apply for the visa extension before or on the date of the visa period.
Can You Stay in Canada While Your SOWP Is Processing?
Yes, you can legally stay in Canada until your spousal work permit is being processed, while you have a valid temporary resident status, it may be a visitor visa, study permit, or work permit.
SOWP can also be applied inland, that is, from inside Canada is your current status is still valid on the day of application. You will be given implied status, which defines that you can legally remain in Canada until your visa has been processed or a proper decision is made. Your stay in Canada is valid even if your original visa expires during the wait for the visa processing.
Another important note is, it is strictly advisable not to leave Canada while your inland SOWP is processing. This will lead to a risk of cancellation of your SOWP application, and you may even lose your implied status. Hence, the applicant must remain in Canada until is decision is made.
Legal Ways to Remain in Canada
You have reached the expiry date of the visa, or its been already expired, there are various other options to remain in Canada legally during the Canada SOWP processing time.
Visitor Visa Extension
You can apply for your Temporary Resident Visa (TRV) extension from Inside Canada. But your visa extension application must be submitted before your current visa expiry date. So that you can remain under implied status while waiting for the extension decision.
Restoration of Status in Canada
In case your visa status has expired less than 90 days ago, go for the option like restoration of status. In such cases, you must explain why you failed to renew on time with a valid reason to satisfy the visa officers. With your SOWP visa, submit the restoration application together.
Bridging Open Work Permit
If the Primary applicant or your spouse has applied for permanent residency, you are eligible to apply for a bridging open work permit. Through this permit, you can continue your work and legal stay in Canada while awaiting a PR decision.
Study Permit as a Backup
Some of the applicants have applied for a study permit and have been enrolled in short programs, this is also provides a legal status. But for this, the spouse is required to be accepted into a designated learning institution and be full-time.
Applying from Inside vs Outside Canada - TRV to spousal work permit
Applicant applying through inside Canada (inland) or outside Canada (outland). Each has advantages and drawbacks.
The applicant can for the application in two ways for the spousal open work permit. The applicant can apply from inside Canada(Inland) In-Canada work permit application or outside Canada(Outland).
Inland SOWP Application
- The applicant for SOWP can stay in Canada during the visa processing.
- The spouse gets qualified for implied status during the visa process
- But while the visa is in process, the spouse should not travel outside Canada, which may lead to a visa rejection
Outland SOWP Application
- The spouse can apply from their home country or any other third country
- While you are applying without a valid permit, no implied status will be issued if you are inside Canada.
- But the Processing time may vary. It may be faster or slower depending on the visa office processing
Processing Time for Spousal open work permit Canada 2025
As of 2025, Canada SOWP processing time for inland applications ranges for the duration between 4 to 6 months. While the Outland applications can take 6 to 12 months to get processed, this processing time may also be affected by factors like the country of the applicant and visa backlog. Stay in Canada during SOWP processing time for your application.
Common Scenarios Explained
“My spouse is on a study permit - can I stay while waiting?”
Yes, if your spouse is enrolled in an eligible program like usually a full-time and 16 months or more program, and you have a valid visitor or other legal status in Canada, you can apply for a Canada visitor visa to work permit transition.
“I applied for a SOWP and my tourist visa expired - now what?”
If you applied before expiry, you have an implied status. If not, you must apply for restoration of status in Canada within 90 days.
“Can I work while my SOWP is processing?”
No, you cannot legally work unless your previous permit allows it or you have received an interim authorisation to work. Only once the spouse work permit Canada is approved can you begin employment.
FAQs
Can I stay in Canada if I applied for a spousal work permit?
Yes, if you applied from inside Canada while on valid status, you can stay under implied status until a decision is made.
What happens if my visitor visa expires before my work permit is approved?
You must either extend your visitor visa before expiry or apply for restoration of status within 90 days.
Can I leave Canada while waiting for my spousal work permit?
It is not recommended as leaving Canada can void an inland application and result in loss of implied status.
How long does it take to get a spousal open work permit in Canada in 2025?
On average, it takes 4 - 6 months for inland applications and 6 - 12 months for outland applications.
Can I live in Canada while my spousal work permit is being processed?
Yes, as long as you have legal status or are under implied status, you may remain in Canada.
What to do while waiting for spousal open work permit in Canada?
Maintain your legal status, avoid travel, and be prepared to provide documents if requested.
Can I apply for SOWP from inside Canada?
Yes, and you may benefit from implied status while waiting for a decision.
What happens if my visitor visa expires before my spouse work permit comes?
Apply for a visa extension or, if expired, restoration of status within 90 days to remain legally in Canada.
