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Spousal Open Work Permit (SOWP)

Published date: Feb 2023 • Author: AdmitSpot Immigration Team

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A spousal open work permit is a type of work permit that is issued to the spouse or common-law partner of an international student who is studying full-time in Canada or to the spouse of a worker who is currently working in Canada on a valid work permit. If you are married to or in a common-law relationship with someone who is studying or working in Canada, or if you have applied to be sponsored by your spouse or partner for permanent residency in Canada, you may be eligible for a spousal open work permit.

With this type of work permit, your spouse can work for any employer in Canada, and your children can attend Canadian schools. If your application for a spousal open work permit is approved, you will be issued a permit that allows you to work for multiple employers in any location in Canada, with some restrictions.

When to Apply for Spousal Open Work Permit (SOWP)

You can apply for a spousal open work permit either before or after you arrive in Canada. The length of time for which the work permit is valid will generally be the same as the duration of your spouse's study or work permit. The spousal open work permit is linked to the permit of the "lead applicant," which is your spouse or partner, and it will only be valid for as long as their permit. If your spousal open work permit expires, you will need to reapply based on your spouse's permit.

If you are married to or in a common-law relationship with someone who is studying or working in Canada, you may be eligible to apply for a spousal open work permit either before or after you arrive in Canada. Generally, the duration of the work permit issued for spouses will match the length of time of the student's study permit or worker's work permit. It is important to note that the spousal open work permit is linked to the permit of the "lead applicant," which is your spouse or partner, and it will only be valid for as long as their permit. If your spousal open work permit expires, you will need to reapply based on your spouse's permit.

Criteria for Spousal Open Work Permit (SOWP)

To qualify for a spousal open work permit, there are certain minimum requirements that you must meet, which include:

Being in a genuine relationship with a qualifying foreign national principal applicant, permanent resident, or citizen.

Being eligible to apply as the spouse of a qualifying foreign national or as an in-Canada sponsorship applicant.

Not being criminally or medically inadmissible to Canada.

Eligibility for Spousal Open Work Permit (SOWP)

The eligibility for a spousal visa depends on its type. Let us try to understand it in detail by understanding different scenarios.

If the Principal is a foreign worker

For one to be eligible for the spousal open work permit, the principal foreign worker must be working as a skilled employee with a valid work permit.

While applying for a spousal open work permit, one is also required to provide documents demonstrating the principal’s current employment.

The work permit of the principal applicant must be valid for at least six months. However, if the principal applicant is authorized to work in Canada without a work permit, then it should be demonstrated that he/she has been working in the country for the past six months.

If the Principal is an international student

For the spouse to be eligible for the open work permit, the principal applicant must have a valid status of a student in Canada and should be pursuing a full-time course at:

A college or University

Authorized private post-secondary institution; or

A Canadian private institution provincially recognized to confer degrees

If the Principal has applied for Spousal Sponsorship

For the spouse to be eligible for the open work permit, the principal applicant must be a Canadian Permanent Residence or a Canadian Citizen.

Document Requirements for Spousal Open Work Permit

The basic document requirements for a Spousal Open Work Permit (SOWP) in Canada may include:

Copy of your current Study/Work Permit.

Letter of Enrollment to a study program.

All official transcripts

Copy of marriage certificate in English/French

Proof of available funds

Copy of spouse's valid passport

The spouse open work permit application procedure will differ depending on which type of spouse open work permit you need. The first step is determining which work permit is best for you. If you want to get expert guidance where our counsellors handhold you throughout the process, book a free consultation session with AdmitSpot now.