Spousal Open Work Permit (SOWP): For partners of foreign workers and international students

However, if you have a spouse or common-law partner, the thought of being away from them for months or even years at a time is daunting. Many couples do not want to be separated, which forces skilled and educated people to give up opportunities to live or work in Canada, as they believe their partner cannot accompany them.

Fortunately, this is not always true. There are many situations where the spouses or common-law partners of international students or foreign workers can take advantage of a type of work permit called a spousal open work permit (SOWP). These are typically valid for the same length of time as the original work or study permit and allows the couple to be in Canada together.

Today, we’ll explain the spousal open work permit and show how the partners of work or study permit holders can apply for this unique opportunity.

Explaining Common-Law

Before we go any further, it’s helpful to define what Immigration, Refugees and Citizenship Canada (IRCC) mean when they talk about common-law partnerships. This refers to any couple that has lived together in a conjugal relationship for at least one year. The cohabitation must be continuous – it cannot be intermittent.

Unlike a legal relationship like marriage or a civil union, a common-law partnership must be established in each individual case.

What is the Spousal Open Work Permit?

The spousal open work permit (SOWP) is a type of work permit offered to the spouses or common-law partners of individuals granted a Canadian work or study permit.

Finding information on the SOWP can be complex, as there are different types offered depending on the type of permit obtained by the principal foreign national (the spouse who initially secured a Canadian work or study permit).

What type of work permit is the SOWP?

The spousal open work permit is a particularly useful type of work permit since it is ‘open’ rather than ‘closed’. This means that the open work permit is not tied to a specific employer or even a particular type of job.

With a closed work permit, the individual applying typically must prove that they have a valid offer of employment from a Canadian employer. They must also provide a positive Labour Market Impact Assessment (LMIA), which is a document that shows that the labour market validates the current need for this foreign worker to fill the job in question. According to Canadian Immigration and Citizenship, this process also shows that “no Canadian worker or permanent resident is available to do the job.”

An open work permit does not require an LMIA, which can be an additional inconvenience and cost to many potential applicants.

Who is eligible for the SOWP?

There are two categories of individuals eligible for a Canadian spousal open work permit.

Spouses and common-law partners of international students

The first category of eligibility covers the spouses and common-law partners of international students on study permits. In this situation, the principal foreign national must:

• Carry a valid study permit
• Be a full-time student at a recognized post-secondary school, college, or private school.
• Be eligible for a post-graduation work permit

In this situation, the partner’s SOWP would be valid for the same duration as the principal foreign national’s study permit or post-graduation work permit.

Spouses and common-law partners of temporary foreign workers

The other category of individuals who may apply for a SOWP are spouses or common-law partners of a principal foreign national on a Canadian work permit. In this situation, the couple must be able to prove:

• The principal foreign national has a valid work permit
• The principal’s work permit is valid for at least 6 months after the date the SOWP is filed
• The principal is employed in an eligible occupation
• They plan to reside in Canada while employed

In both of these cases, the couple must also provide proof that they are in a legitimate relationship.

How to apply for a spousal open work permit

The application process for a spousal open work permit varies depending on whether the individual is applying from within Canada or outside of the country.

Before you do anything, take a look at the eligibility criteria for your category, and determine whether your situation checks all the boxes. If not, your application will not be approved.

If you are applying from within Canada, take a look at this instruction guide to ensure you have everything you need. From there, you will use an online tool to answer questions related to your personal details, relationship, as well as your partner’s work or study permit. The online tool will then generate a personalized document checklist.

Once you have gathered all the required documents, you can create an IRCC online account, which will allow you to scan and upload all required documentation and application forms and pay the required fees.

If you are applying from outside Canada, the application forms and documentation required will vary depending on your country of origin. You can choose whether to apply online or use a paper application.

Applying for a spousal open work permit is an excellent opportunity for non-Canadian couples to explore Canada together. To learn more about how to successfully enter Canada as a couple, explore Moving2Canada’s resources on immigration, employment, and so much more.