Spouse Open Work Permit Canada (SOWP)
The Government of Canada recognizes the importance of family and the togetherness of the couples and hence provides SOWP which means Spousal Open Work Permit. Through this immigration program an individual can bring in their spouse or common-law partner or a conjugal partner by availing them of the beneficial opportunities to live and work along with them in Canada.
The Canadian Government initiated this type of work permit with a view to favoring the people who have migrated to Canada either for study or work as temporary residents. This Open Work Permit allows the individual to work in any job designation they are qualified for even without the LMIA restrictions.
The Main eligibility criteria to apply for a Spousal Open Work permit is that their spouse must have a valid study or work permit with a minimum validity of more than 6 months to stay and live in Canada. Also, to know more details about the eligibility requirements based on the NOC or type of study which would help the primary applicant to sponsor for a spousal visa, please visit Croyez Immigration directly or connect with one of our consultants for more clarity on the Spousal Open Work Permit.
Tips for a Successful Spouse Open Work Permit Application
Once the primary applicant has received their valid temporary resident visa to enter and stay in Canada for a period of more than 6-months, based on their visa validity their spouse can apply for a Spousal Open Work Permit. A recent update from the IRCC was that, if the primary applicant has taken a master’s course or Doctoral course (Fellowship programs) they can only sponsor their spouse to enter Canada on a Spousal Open Work Permit. Otherwise if the primary applicant is working on a valid work permit under a National occupational Classification, they are also eligible to sponsor their spouse to bring them on a SOWP.
Highlights of Spousal Open Work Permit Canada (SOWP)
- Free from LMIA or a job offer
As this program is not job-specific, one can apply for Canada spousal open work permit (SOWP) without any valid job offer.
- Freedom to accept any job offer
The SOWP holders after landing in Canada have the freedom to work anywhere in Canada under any Canadian employer.
- Option to bring in your dependent children
The validity for a Spousal open work permit is determined based on the validity of the primary temporary resident visa holder who is either a master’s student or Immigrant worker on a Closed or Open work permit.
- Validity
The validity for a Spousal open work permit is as same as the validity of their partner’s study or Canadian work permit
- Support your partner with your company
As both your permit and the primary applicants are of the same validity, you can work and support your partner throughout the study/work tenure in Canada by generating additional revenue which will strengthen your financial well-being.
- Canadian work experience builds a pathway to PR
A year of work experience in Canada invariably gets you the privilege to apply for a Canadian PR.
Spouse open work permit document checklist & Application Process
The primary applicant must hold an approved temporary resident visa with a validity of more than 6-months to sponsor their spouse on a SOWP. Proof of Marriage and proper documentation based on the IRCC’s checklist is always the key for a positive response. The applicant must hold a clear medical & criminal record to apply for a Spousal Open Work Permit. Establishing your financial stability (Proof of Funds) is also mandatory.
Eligibility Requirements for Spousal Work Permit and Visa
The basic minimum requirements one has to meet to avail the SOWP are as follows:
- One must be qualified as a spouse exhibiting a true relationship with the migrant –the primary applicant who has their valid work or study permit as the case may be
- One should be free from criminal or medical inadmissibility to enter Canada
When to Apply for Spousal Work Visa Canada?
On considering the application processing time for Spousal open work permit (which takes about a month but due to pandemic this is between 3 and 5 months) and the validity of your partner’s work or study permit it is advised to apply as soon as your partner’s permit is issued on approval as the validity would be the same for your SOWP permit as well.
Document Checklist for Spousal Open Work Permit
The applicants should be aware of the documents which stand mandatory under any circumstances to apply for the spousal open work permit.
Inviter Documents
- A copy of valid passport along with Visa stamping
- A copy of the work permit or study permits as applicable.
- Letter of enrollment confirming the admission from the DLI (Designated Learning Institution)
- Proof of Employment
- Address proof
- T4 – Statement of Remuneration Paid tax slip
- Bank statements (last 4 months)
Invitee Documents (Applicant’s documents)
- A valid passport
- Recent Passport size phonograph in Canadian format
- Proof of Employment
- Proof of relationship-Marriage certificate
- Proof of sufficient funds
- Medical Clearance Certificate
- PCC-Police clearance Certificate (if applicable)
Processing Time for SOWP (Spouse Open Work) Permit Applications
Typically, a Canadian SOWP (Spouse Open Work Permit) takes 3-4 months to process. However, this is an estimate, and the actual processing time can vary depending on several factors, including:
Where you apply from: Processing times can differ by country.
Application completeness: Ensure all required documents are included.
Case complexity: Complex situations may take longer.
The process time for a Spousal Open Work Permit varies based on the application request has been placed from. Below is the detailed elaboration on the timeline. Also, this might vary from time to time, so please check the IRCC portal for accurate details on the processing time or connect with our consultants to clarify your doubts on documentation and processing related queries.
Application Placed | Processing Time |
SOWP applied from outside Canada | 20 weeks |
SOWP, BOWP, SOWP Extn applied from inside of Canada | 101 days |
How to Apply for Spouse Open Work Permit in Canada
- To apply for a SOWP, make sure your primary applicant meets the requirements placed by the IRCC to sponsor for your visa application.
- Once your eligibility is confirmed, start working towards the documentation based on the requirements placed by the Canadian High Commission
- Then submit the documents in the IRCC portal
- Then you would receive updates to submit your biometrics, if this is your first application for Canada in the last 10-years.
- You can then book an appointment in the nearest VAC.
- Once your biometrics you would receive a confirmation in your profile
- Wait for the results till the processing time advised by the IRCC
- Upon the positive response, you will have to submit your passport for stamping
- After the passport has been stamped, you are free to enter the Country any time between the duration of your validity.
Canada spousal open work permit cost ?
The processing fee and the processing time tends to vary from time to time, so it is always advisable to check the IRCC website or contact our expert consultants to guide through the fee structure and payment methods to complete them. Also, there are various fees requested by the Canadian government during the time of submission. Apart from this your establishment of financial stability in your country of residence or origin is mandatory.
Sponsorship Fee | $ |
Principal Applicant Processing Fee | $ |
Right of Permanent Resident Fee (RPRF) | $ |
Dependent Children | $ |
Who is eligible for a Spouse Open Work Permit?
Before you acquire your Open Work Permit, there are certain eligibility requirements. You are eligible if you meet the following requisites.
Category | Principal applicant’s occupational skill level requirement | Principal applicant’s minimum work permit length |
Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders | 0, A, or B | 6 months |
Spouses or common-law partners of Quebec selection certificate (CSQ) holders | Any occupational skill level | 6 months |
Spouses or common-law partners of provincial nominees | Any occupational skill level | 6 months |
Spouses or common-law partners of bridging open work permit (BOWP) holders | Varies depending on the program the principal applicant applies under | 6 months |
Spouses or common-law partners of open work permit holders other than BOWP (incl. PGWP, IEC) | 0, A, or B | N/A |
Spouses or common-law partners of study permit holders | N/A | N/A |
In Canada spousal/common-law sponsorship applicants | N/A | N/A |
Can my Spouse or Partner Sponsor me for an Open Work Permit?
Yes, you can sponsor your spouse for a spousal open work permit.
- The only condition is that you need to have enough funds to support your spouse financially.
- Not only this, but you also need to show that they will abide by the laws and will once their work permit ends.
Also, In order for a foreign national to apply for permanent residency sponsorship through the in-Canada stream of the spousal sponsorship program, the application must have been submitted from within Canada.
- In case the sponsorship application has not been submitted, one can submit all the sponsorship, permanent residence, and open work permit applications together in a single envelope in hard copy, including all required documents and payment proofs. These should be sent to the Case Processing Centre in Mississauga (CPC-M), Ontario.
- If the permanent residence application has been submitted but has not yet received approval in principle, one may submit the open work permit application in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.
- Once the permanent residence application has received approval in principle, the open work permit application can be submitted online or in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.
Approval in principle (AIP) means that a person’s permanent residency application has been assessed by IRCC to meet the eligibility requirements but is yet to undergo processing for medical exams and security/background checks. Although the application has passed through some stages of processing, the AIP does not guarantee permanent residency as it’s subject to further verifications and assessments.
To submit a work permit application alongside their permanent residency application, a foreign national must have valid status in Canada (such as visitor, student, or worker). If the applicant is out of status, they must wait for their permanent residency application to receive AIP before submitting their work permit application.
Who can Apply for Spouse Work Permit Canada?
The spouse or common-law partners of the Canadian permit holders who are currently residing in Canada or about to enter Canada through the following Canadian study or work Permits
- [Atlantic Immigration Program]- AIP Holders
- Holders of Quebec selection certificate (CSQ)
- The Provincial Nominees
- Study permit holders
- Work permit holders
- BOWP(Bridging Open Work Permit) Holders
- PGWP(Post Graduate Work Permit) Holders
What Factors Make Me Ineligible to Sponsor a Spouse for a Spouse Open Work Permit?
The Government’s website mentions many factors for which you might be unable to sponsor your spouse for the spousal open work permit requirements. These are given below.
- If you are less than 18 years old.
- You do not intend to live in Canada after getting the PR.
- You are not a Canadian citizen or permanent resident under the Canadian Indian Act.
- You have a temporary visa which is your purpose for visiting is to study or work.
- Your PR application is under process.
- You do not have enough funds to support your spouse.
- You were sponsored by your spouse less than 5 years ago to become a permanent resident.
How to Apply for a Spouse Open Work Permit?
Before you apply for a Spousal open Work Permit, review the guidance and information provided by IRCC on their official website, decide the type of spousal open work permit category you are eligible for, and contact Croyez Immigration for further assistance to avail your spousal open work permit without any obstacles thus avoiding any rejection or refusal.
What If You Have Children? Does Spousal Open Work Permit In Canada allow you to bring them to Canada?
Yes. you can bring your dependent child to Canada with the Spousal Open Work Permit in Canada. However, the eligibility criteria must be met:
- An immigration officer must be convinced that they are only temporarily living in Canada.
- Child is under 22 years old and does not have a spouse or common-law partner.
- Must prove they do not have a criminal record.
- Meet all the requirements for a temporary Canada visa.
How To Renew Your Spousal Open Work Permit?
There is no way in which your SOWP can be renewed. This is so it is tied to the lead applicant, meaning once your permit expires, your spouses’ will too. Due to the same, you will have to reapply for the permit once the truth ends.
What Are The Benefits of an Open Work Permit For Spouse?
- A Chance to Live with your Partner: The key benefit of the SOWP is living with your spouse and spending quality time together as a family during their temporary stay in Canada.
- Work Anywhere: Once you get the spousal open work permit, you have the chance to work anywhere you like in whatever field of expertise you are good at without any restrictions.
- Opportunity to work while waiting for another application: If, for instance, your partner has applied for the PR, then they can work on this permit while waiting for this application and set up a life for their future.
Frequently Asked Questions
Can a spouse open work permit be extended?
Yes, you can extend your spousal open work permit before 45 days of expiry of your current permit. But it is important to be aware of the point of validity as the Spousal open work permit wholly depends on the validity of their partner’s study or Canadian work permit.
How long is a spouse's open work permit valid?
The validity for a Spousal open work permit is as same as the validity of their partner’s study or Canadian work permit.
Can I work anywhere in Canada on a spouse open work permit?
Yes, SOWP holders after landing in Canada has the freedom to work anywhere in Canada under any Canadian employer with a few limited restrictions.
Can I add my dependents on my spouse's open work permit?
Yes, on meeting the income requirements to sponsor your dependent children, you can add them along with your application for spousal open work permit.
When to apply for a spouse open work permit?
Considering the application processing time for a spousal open work permit which is between 3 and 5 months and the validity of the permit which wholly depends on the validity of your partner’s work or study permit, it is advised to apply as soon as your partner’s permit is issued on approval.
How to check your spouse open work permit application status?
You can track your application online by the following steps;
- Visit the official IRCC – Immigration-Refugees-Citizenship Canada website
- Select your application type
- View –“my submitted applications or profiles” -section
- Sign in to your account and check your application status
Incase if you seek for more information or updates regarding your application, you can raise your queries through the web form and expect a reply email from IRCC.
Can I stay in Canada if my visitor permit expires while waiting for my SOWP to process?
Yes, you are legally allowed to stay in Canada while your SOWP application is under processing but this is applicable to those who have applied for SOWP while their Visitor Visa status was active.
Who is not eligible for a PGWP?
A foreign national who is not graduated from a post-graduation work permit approved Designated Learning Institution in Canada will not be considered eligible. This means the DLI should offer PGWP-eligible programs.
When can an application be submitted?
You can submit your application for a Post-graduation work permit within 180 days of officially completing your study program, i.e. from the time on receiving your course completion certificate from the institution.
What is the processing time for an application for a PGWP?
The applicable processing time for a PGWP application is approximately 2 months.
Does a graduate with a PGWP have to remain in Canada?
Yes, a graduate with a PGWP will be eligible to stay in Canada for a maximum of 3 years depending on the study program taken. The validity depends on the duration of the study program which is usually between 1 year to a maximum of 3 years but not beyond the passport validity of the applicant.
What is the new update for spouse visa in Canada 2024?
There has been a change in the Spouse visa eligibility criteria which is based on the primary applicant. If the primary applicant who is willing to pursue their master’s or doctoral program in Canada are only eligible to bring their spouse inside Canada on a Spousal Open Work Permit. If the primary applicant is a work permit holder then the rules remain the same. Though there are a few exceptions in bachelor courses, for more clarity do check the IRCC’s website or reach out to Croyez Immigration to have all your doubts clarified related to SOWP, BOWP, FSP or any Canadian visa types.
How long does it take to get spouse open work permit in Canada?
Though the process time varies from time to time, You can expect to receive your SOWP within 4-5 months of your submission.
How much funds are required for SOWP Canada?
Proof of funds required for a SOWP visa application is determined by the IRCC based on the living cost of the country and its economical growth. Also, if the primary applicant is planning to bring their children as dependents then based on the family size the required proof of funds varies. Please consult one of our experts for detailed information on the finance part.
What is the minimum income to sponsor a spouse in Canada?
Establishing your financial stability to sustain inside the country is mandatory, yet there is no income range set by the government for the primary applicant to sponsor their spouse.
Talk to our Experts
Croyez Immigration is providing efficacious immigration services to fulfill the dreams of aspiring clients who wish to immigrate to a new country, we sincerely work to give you the best life you deserve. We are experts in processing almost all the categories of Canadian Immigration programs like Express Entry, General Skilled Migration, and other temporary visas. Canada, being the land of opportunities always heads up to welcome the potential immigrants and so we help you explore all the possibilities to change your life, Contact the expert consultants of Croyez Immigration for prompt assistance.