This is a breakdown of the process and eligibility for obtaining a Spousal Open Work Permit through the Inland Spousal/Common-law Sponsorship Program.
Foreign nationals who have submitted a family-class sponsorship application for permanent residence (PR) through the Spousal/Common-law Sponsorship Program are now eligible for a Spousal Open Working Permit (SOWP). At the same time, they wait for a decision by Immigration Refugees and Citizenship Canada.
What is the Spousal Sponsorship Programme?
Spousal sponsorship is an immigration stream for foreign nationals in a married or common-law relationship to a Canadian citizen or PR. Canadian citizens and PRs can apply to sponsor their loved ones. If approved, PRs in Canada may be granted.
Notably, the application process for the Spousal Sponsorship Program is available Inland for couples who are currently living in Canada and Outland for couples where the foreign national partner is not residing in Canada. However, the SOWP is only available to Inland sponsorship cases.
The SOWP has many benefits.
Canadian citizens/PRs must be financially able to support their partner/spouse (in addition to other criteria). This includes covering basic needs such as housing, food, clothing, and hygiene and any medical expenses not covered by government insurance.
Sponsors must sign an agreement to sponsor the individual for three years. IRCC takes around 12 months to respond.
The SOWP allows foreign nationals to sponsor their partner and help ease their financial burden. They don’t have to choose whether to be with their loved ones or continue their temporary resident status in Canada. The SOWPs can be valid for two years from the approved date.
Eligibility to sponsor and to be sponsored
Before considering a SOWP for Inland sponsorships via the spousal sponsor program, some criteria must be fulfilled. Before the application can be assessed, the Canadian PR/citizen is sponsoring their loved ones, and the foreign national being sponsored need to apply.
Potential sponsors must:
You can be a Canadian citizen, PR, or both.
Minimum 18 years old
Living together (at the same address) with the sponsor
You are either in a spousal relationship (legally married with a valid marriage according to the law of the jurisdiction it was registered and under Canadian law) or a common-law relationship (you cohabit or have cohabitated with your partner in marriage-like relationships for at least 12 months) with the sponsored individual.
You must not be in prison or charged with a serious crime.
Foreign nationals being sponsored must:
When you apply (visitor/student, worker, etc.), you must be a legal temporary resident in Canada.
Minimum 18 years old
Living at the same address as their potential sponsor;
If they are in a common-law or spousal relationship with their potential sponsor,
You must not be in prison or charged with a serious crime.
Please note that Outland sponsorship through the Spousal Sponsorship Program does not consider marital relationships valid for applications. Inland sponsorship criteria do.
Once they have determined their eligibility, the candidates must follow the next steps to apply for Inland sponsorship through spousal sponsorship. This includes following the government checklist as well as paying the required fees. Two applications will be submitted simultaneously by candidates: one for the sponsor and one for the foreign national they are being sponsored.
Application for a SOWP and eligibility
Candidates being sponsored must apply for a SOWP
You have submitted a permanent residence application via the spousal sponsorship program;
You must reside at the same address where the sponsor lives (spouse/joint law partner).
You must have a valid temporary resident card.
All eligibility requirements for the spousal sponsor program (see above) must be met.
Candidates who meet these requirements can apply through an open work permit (OWP) process for a SOWP.
You can apply simultaneously for sponsorship and SOWP. Candidates who wish to do something other than this will need to wait until they receive acknowledgment of receipt from IRCC.
Candidates can apply from this point to be eligible for a SOWP before an IRCC decision is made. Candidates must wait until they have the SOWP before starting work unless they already hold a temporary work permit.
Although sponsoring a loved person for PR can be lengthy and involve many steps, it is possible to receive a SOWP. This will allow the couple to take some of the stress off their shoulders and allow the foreign national sponsor to gain valuable Canadian work experience.
