Understanding the Spousal Open Work Permit (SOWP) in Canada
Spousal Open Work Permit
Navigating immigration processes can be daunting, especially when it involves work permits for spouses and common-law partners. The Spousal Open Work Permit (SOWP) allows spouses and common-law partners of certain foreign nationals to work in Canada. This blog provides an overview of the various categories and criteria for applying for a SOWP.
1. Spouses and Common-Law Partners of Study Permit Holders
Spouses and common-law partners of foreign nationals who hold a study permit can apply for a SOWP under section C42. This applies if their spouse is enrolled in Canadian master's and doctoral programs. It is important to note that the applicant cannot apply for a SOWP if they themselves possess a study permit.
Work Permit Applicant’s NOC Skill Level: N/A
Work Permit Applicant’s Work Permit Length (Minimum): N/A
2. Spouses and Common-Law Partners of Work Permit or Provincial Nomination Holders
If the spouse has a work permit and/or a provincial nomination, the applicant can apply for a SOWP under section C41. This category covers any NOC skill level and requires that the spouse's work permit length be at least six months.
Work Permit Applicant’s NOC Skill Level: Any NOC skill level
Work Permit Applicant’s Work Permit Length (Minimum): 6 months
3. Spouses and Common-Law Partners of Foreign Workers under the Atlantic Immigration Program (AIP)
The applicant can apply for a SOWP under section C41 if their spouse has applied for Canadian permanent residence and received a work permit while their AIP application is processing. This applies to specific NOC TEER levels.
Work Permit Applicant’s NOC Skill Level: NOC TEER 0, 1, 2, or 3
Work Permit Applicant’s Work Permit Length (Minimum): 6 months
4. Spouses and Common-Law Partners of Foreign Workers with a Quebec Selection Certificate (CSQ)
Applicants can apply for a SOWP under section C41 if their spouse has been chosen for Quebec immigration and holds a Quebec Selection Certificate. This covers any NOC skill level.
Work Permit Applicant’s NOC Skill Level: Any NOC skill level
Work Permit Applicant’s Work Permit Length (Minimum): 6 months
5. Spouses and Common-Law Partners of Individuals with a Bridging Open Work Permit (BOWP)
The applicant can apply for a SOWP under section C41 if their spouse has a bridging open work permit. The spouse must be present in Canada, while the applicant can be located in any country. The work permit length varies based on the applicant’s program.
Work Permit Applicant’s NOC Skill Level: Varies based on the applicant’s program
Work Permit Applicant’s Work Permit Length (Minimum): 6 months
6. Spouses and Common-Law Partners of Individuals with Other Open Work Permits
Other ways that a spouse may hold an open work permit include through the International Mobility Program, Post-Graduation Work Permit, or through a work permit issued under an immigration program like the Spousal Sponsorship program. This is applicable for specific NOC TEER levels.
Work Permit Applicant’s NOC Skill Level: NOC TEER 0, 1, 2, or 3
Work Permit Applicant’s Work Permit Length (Minimum): N/A
7. Spouses and Common-Law Partners of Permanent Residents Sponsored under the Spousal Sponsorship Program
The applicant can apply for a SOWP only once they receive their Acknowledgement of Receipt (AOR).
Work Permit Applicant’s NOC Skill Level: N/A
Work Permit Applicant’s Work Permit Length (Minimum): N/A
Requirements and Process
To apply for a SOWP, applicants must demonstrate a genuine relationship and ensure their spouse in Canada has valid temporary resident status. The primary foreign national's resident status must have at least six months remaining, and applicants should gather required documents such as proof of relationship, financial stability, and medical and police clearance certificates. The application process includes determining eligibility, gathering documents, filling out application forms online, paying fees, and waiting for processing.
Benefits of SOWP
No need for a Labour Market Impact Assessment (LMIA) or job offer.
Freedom to work for any employer in Canada.
Validity period tied to the primary applicant's permit.
Opportunity to support your partner and work towards Canadian permanent residency.
Conclusion
The Spousal Open Work Permit (SOWP) provides a valuable opportunity for spouses and common-law partners to work in Canada while their partner pursues their own professional or academic goals. Understanding the specific categories and requirements is crucial for a successful application. If you need further assistance or have questions about your eligibility, consulting with an immigration expert can be highly beneficial.
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