Understanding Open Work Permits for Sponsored Spouses in Canada

Sponsored spouses and common-law partners in Canada can apply for an open work permit (OWP) while their permanent residence (PR) application is being processed, provided they are in Canada with their sponsor and meet specific conditions.

Obtaining an OWP for your sponsored spouse or partner not only allows them to work but also grants them extended temporary status in Canada, enabling them to stay with you during the processing of a spousal sponsorship application, which can often take a year or more.

An open work permit offers the advantage of allowing your partner to work in various jobs across Canada without being restricted to a single employer, with some standard limitations such as certain occupations requiring medical examinations.

Spousal OWPs are available under both inland sponsorship (Spouse or Common-Law Partner in Canada Class) and outland sponsorship (Family Class).

Inland versus Outland Spousal Sponsorship: Key Differences

Understanding the suitability of Canada’s spousal sponsorship routes for your circumstances will help you grasp how the OWP option integrates into your application process.

Note: Outland sponsorship applications can be submitted from within Canada.

Inland Sponsorship (Spouse or Common-Law Partner in Canada Class)

You are eligible for inland sponsorship if:

  • Your spouse or common-law partner resides with you in Canada and
  • They hold valid temporary resident status (visitor, worker, student) or fall under a specific public policy.

Notably, under inland sponsorships:

  • Your partner is required to remain in Canada throughout the processing period and
  • There is no right of appeal to the Immigration Appeal Division in case of application rejection.

Outland Sponsorship (Family Class)

You opt for outland sponsorship when:

  • Your spouse or partner resides outside Canada,
  • They are in Canada but do not intend to stay for the entire processing duration, or
  • You wish to retain the right to appeal a refusal to the Immigration Appeal Division.

Historically, outland applicants often stayed abroad for most of the process. However, Immigration, Refugees and Citizenship Canada (IRCC) has now facilitated a pathway for many outland applicants to enter Canada during the processing phase, including expedited processing for a visitor visa.