Spousal work permits are open, allowing holders to work for any employer during the validity of the permit. They can be self-employed, choose not to work (legally remain in Canada), or leave Canada and re-enter using the work permit later.
If you hold a work permit and meet any of the following conditions, your spouse may be eligible for an open work permit:
The spouse work permit policy can be complex and has undergone updates. If you need assistance, please contact us for consultation.
If you are the spouse of a Canadian citizen or permanent resident and you have submitted an inland sponsorship application while maintaining legal status, you can apply for an open work permit after receiving your application file number.
Please note that only inland sponsorship qualifies for the spouse work permit; offshore sponsorship does not. Additionally, if you have not submitted a sponsorship application, you do not qualify.
If your status has expired, you can still apply for the open work permit after your inland sponsorship is approved in principle (AIP).
Inland Spousal Open Work Permit: Cannot be applied for from abroad or at the border. Spouses of study permit or work permit holders can apply from abroad, at the border, or within Canada.
Recommended Approach: It’s advisable for the spouse to first apply for a visitor or family visit visa to enter Canada and then apply for the spousal work permit, as there is a very high refusal rate for applications from abroad, while inland applications are rarely refused. Border applications can depend on the officer’s discretion, and the worst-case scenario could lead to being sent back, so it’s considered risky and not recommended.
Border Application Benefits: The main advantage is that you can receive the permit on the spot, but typically you would need to drive 1-3 hours to the U.S./Canada border to obtain the work permit.
Online Application Benefits: Only requires online submission, and the work permit will be mailed to the applicant’s home; however, it may take several weeks or longer for processing.
Eligibility: Applicants can hold a valid work permit, maintained/implied status, or be in a position to restore their work permit.
Application Location: The Bridging Open Work Permit cannot be applied for from outside Canada or at the border.
Application Timing: Applicants in the Express Entry system can usually apply for the Bridging Open Work Permit immediately after submitting their immigration application. For paper-based federal applications, a file number is required, and the visa officer will process the BOWP only after the initial assessment is approved.
Maintained Status: Once the BOWP application is submitted, applicants have maintained/implied status, allowing them to continue working until the application is approved, even if their previous work permit has expired.
Whether you can apply for a bridging open work permit is unrelated to employer-based provincial nomination; the only factor is whether the nomination letter specifies “Employment restrictions.” As long as this section states “No,” you can apply for a bridging work permit.
A bridging work permit is an open work permit, but that doesn’t mean you can work for any employer once you have it. Provincial nomination applicants still need to meet the conditions of the nomination, and some programs require applicants to continue working for the same employer during federal processing.
A closed work permit requires cooperation from the employer, so applying for a bridging work permit is usually more convenient. However, if the “Employment restrictions” section is marked “Yes,” you can only apply for a closed work permit.
Additionally, if the applicant feels that the paper-based provincial nomination processing time is too long, they can consider applying for a closed work permit, which adds 50 points for the Express Entry stream.
Holding a provincial nomination letter allows for an LMIA exemption when applying for a closed work permit (regardless of the content of the Employment restrictions section).
Holding a Quebec CSQ also allows for an LMIA-exempt closed work permit or a bridging work permit, but it cannot be used to gain points for Express Entry (since Quebec immigration and federal immigration conflict).
Canada Study Abroad Services Department:
Recruitment Department:
Life Service
Job Search Department
For other services or questions, please contact:
Copyright © 2024 Dedicated Future | Powered by PixxelStudio86.