Are you the spouse, common-law partner, or Conjugal partner of someone who is studying or working in Canada in skilled categories? You may be eligible to apply for a spousal open work permit and join your loved one’s in Canada. A Spouse Open work permit falls under public policy exemption C41 and C42 which allows you to have an open work permit without an LMIA and you may be eligible to work for any employer of your choice. = Continue reading for more information on the spousal open work permit in Canada, including who qualifies.
Eligibility Criteria for Spouse Open work Permit in Canada:
There are three categories of people who are eligible for a spouse open work permit:
1) Spouse, Conjugal partner, or common-law partner of skilled workers in Canada
To apply under this category you have to meet the C41 exemption requirements, you must be the spouse or common-law partner of a foreign national who currently has a valid work permit in Canada with a validity period of 6 months or more. Your Spouse must be working in a skilled category NOC skill type level 0, A, or B.
2) Conjugal Partner, common-law partner, or a spouse of a Canadian Student:
As a spouse or common-law partner of an international student studying in Canada with a valid study permit, you may be eligible to apply for a spouse open work permit.
3) Those interested in applying as common law or in-Land spousal sponsor in Canada:
You may be eligible for an open work permit in Canada if your spouse or common-law partner is sponsoring your application for permanent residency in Canada through an in-land spousal sponsorship application. To be eligible, you must have a current and valid temporary resident visa. Both your open work permit application and your sponsorship request can be submitted together. If your spouse open work permit is approved by the CIC, you will be able to continue working while you wait for a decision on your permanent resident status.
What Are The Additional Requirements For An Open Work Permit In Canada?
An open work permit in Canada, like all other temporary resident visas, gives you temporary status, which means you must meet all temporary resident visa requirements. It’s important to demonstrate to the officer that you will return to your home country when your permission expires, even with the exemption of an inland spousal or common-law application. If you’re applying for a spouse’s open work permit in Canada, the paperwork you’ll need varies depending on the category you fall into. Some of the common documents required are as follows:
1) Proof of relationship
2) Status document of spouse in Canada
3) Passport Documents
4) Applicable Immigration forms
How Can Someone Apply for a Spouse Open Work Permit in Canada?
Spouse and common law partners of International students, skilled workers are eligible to apply for an open work permit in Canada if you meet the program eligibility requirement. Please note that you are eligible to work till the time your work permit application is approved by IRCC. You are also responsible to maintain your status while your application is under process. What are the Possible Reasons for rejecting a spouse’s open work permits?
A spousal open work permit may be denied for many reasons. Here are five common causes:
Proof of Genuine relationship: The spousal open work permit is dependent on your relationship with your spouse or common-law partner, you must provide sufficient proof of your relationship. A visa officer may refuse your application if they doubt your relationship is not genuine and you have entered into this relationship for entry into Canada.
Proof of Status Documents for your Spouse in Canada: You need to ensure that you provide the right set of documents to prove the status of your spouse in Canada. For example if you apply for a spouse of an international student, you must provide proof of their full time status and enrollment into an eligible DLI. If you are applying as a spouse of a skilled worker, you must provide the right proof of employment and salary slips.
Insufficient funds – If the officer reviewing your case is not convinced that you and your spouse will have enough money to support your stay in Canada, your application may be denied. So be sure to include financial documents that prove your financial stability.
Applicants live outside Canada – To apply for a spousal open work permit, your spouse must be legally present in Canada. Your spouse living outside Canada may be a reason for denial.
Proper Evidence of Home Country ties: The officer must be satisfied that you will leave Canada by the end of your authorized stay. So be sure to include proof of any ties to your home country. Insufficient evidence that you will leave Canada by the end of your authorized stay may result in denial.
How long does the Open Work Permit Valid for?
Validity of a spouse’s open work permit is dependent on the status document of the spouse. You will be issued an open work permit in Canada valid till the time your spouse work permit/ Study permit validity.. In order to continue working in Canada, you must extend your work permit before its expiry. If the work permit expires, you must stop working and you will have 90 days to restore your status as a worker in Canada. You can only resume work once your new work permit application has been approved.
A spousal open work permit in Canada is a temporary status document and the program requirements are complex..We, at Enclave Immigration, ensure that we address all the aspects of the application and result in positive decision making from the Visa officer.Our professional team has helped dozens of clients prepare successful visa applications and united them with their loved ones. We are proud of this accomplishment. Contact Enclave immigration today to learn more about how we can help you with your immigration needs.