Spousal Work Permit

The spousal work permit in Canada is a type of work permit that allows the spouse or common-law partner of a temporary resident or Canadian citizen to work in Canada. It is designed to facilitate the reunification of families and support the integration of spouses or partners of individuals who are legally residing or working in Canada.

To be eligible for a spousal work permit, the applicant must be legally married to or in a common-law relationship with a Canadian citizen or a foreign national who holds a valid work or study permit in Canada. The Canadian citizen or permanent resident spouse/partner must also provide a written job offer to the applicant.

The spousal work permit is an open work permit, which means that it is not job-specific, and the holder is not required to have a confirmed job offer in Canada. This allows the spouse or partner to work for any employer in Canada without needing a separate job offer or labor market impact assessment (LMIA).

The work permit is typically issued for the same duration as the spouse or partner’s study or work permit in Canada. However, if the sponsoring spouse/partner has permanent resident status, the work permit may be granted for a longer duration.

It’s important to note that the spousal work permit does not grant permanent resident status or immigration status in Canada. However, it can be a stepping stone towards permanent residency, as it allows the spouse or partner to gain Canadian work experience, which can be valuable in applying for permanent residency through various immigration programs.

The application process for a spousal work permit involves submitting the appropriate forms, supporting documents, and paying the required fees. The processing times and specific requirements may vary depending on the applicant’s country of residence and individual circumstances.

It’s always recommended to consult the official website of Immigration, Refugees and Citizenship Canada (IRCC) or seek professional advice from an immigration consultant or lawyer to ensure accurate and up-to-date information regarding the spousal work permit in Canada.

Can my spouse or common-law partner work in Canada?

Canadian government allows your spouse or common-law partner to work in most of the cases. They would need to apply for work permit to work in Canada. Open work permit is one of the way they can stay and work in Canada until the validity of the work permit.

The other way to work is applying for LMIA (Labour Market Impact Assessment). LMIA permits and employer to hire a professional with specific skill for a particular job.  

10 commonly asked questions about spousal work permits in Canada:

  1. What is a spousal work permit?
    • A spousal work permit is a type of work permit that allows the spouse or common-law partner of a temporary resident or Canadian citizen to work in Canada.
  2. Who is eligible for a spousal work permit in Canada?
    • To be eligible, you must be legally married to or in a common-law relationship with a Canadian citizen or a foreign national who holds a valid work or study permit in Canada.
  3. Can I work in Canada while my spousal work permit application is in process?
    • Yes, you may be eligible to apply for an open work permit called the “Open Work Permit Pilot” while your spousal work permit application is being processed.
  4. How long does it take to process a spousal work permit application?
    • The processing times for spousal work permits can vary depending on various factors, such as the location of application and the volume of applications being processed. Generally, it can take several months.
  5. Can I work for any employer in Canada with a spousal work permit?
    • Yes, a spousal work permit is an open work permit, allowing you to work for any employer in Canada without needing a separate job offer or labor market impact assessment (LMIA).
  6. Can I apply for permanent residency while on a spousal work permit?
    • Yes, being on a spousal work permit can be a pathway towards permanent residency in Canada. You may be eligible to apply for permanent residency through various immigration programs.
  7. Can my same-sex spouse or partner apply for a spousal work permit?
    • Yes, same-sex spouses or partners are eligible for spousal work permits in Canada. The eligibility requirements apply equally to same-sex and opposite-sex couples.
  8. Do I need a job offer to apply for a spousal work permit?
    • No, you do not need a job offer to apply for a spousal work permit. It is an open work permit, not tied to a specific job.
  9. Can I study in Canada with a spousal work permit?
    • Yes, with a spousal work permit, you are eligible to study in Canada. However, you may need to separately apply for and meet the requirements of a study permit.
  10. How can I extend my spousal work permit in Canada?
    • To extend your spousal work permit, you would need to submit an application for an extension before your current permit expires. The extension process may require providing updated documentation and paying the required fees.

Please note that while these answers provide general information, individual circumstances may vary, and it’s recommended to consult the official website of Immigration, Refugees and Citizenship Canada (IRCC) or seek professional advice for the most accurate and up-to-date information regarding spousal work permits in Canada.

What is an open work permit?

Open work permit is a kind of work permit that is not job-specific. Since it is not job-specific, you will not need the following when you apply for your work permit:

  • a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada,
  • or proof that an employer has submitted an offer of employment through the Employer Portal and paid the employer compliance fee.

To know more or if you have any doubts, book and appointment with us and our regulated consultant would be happy to assist you.

Please refer to CIC website for updated information and to know more about spousal work permit

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