When your partner is at school in Canada, it provides both of you with an opportunity. The Spousal Open Work Permit suggests that you can work in the country so long as you are the spouse or the common law partner of a study permit holder. With this permit, you will be employed in Canada and can support the family while your spouse studies.
A Spousal Open Work Permit: What Is It?
The Spousal Open Work Permit, or SOWP, is a program offered by the Canadian government which values families and the unity of couples. By granting them the advantageous opportunity to live and work alongside them in Canada, an individual can bring in their spouse, common-law partner, or conjugal partner through this immigration route.
This kind of work permit was developed by the Canadian government with the purpose of helping those individuals who arrived in Canada with the status of temporary residents or students. The open work permit enables one to work in any position, irrespective of the restrictions provided by the LMIA.
Eligibility Requirements
The principal requirement for filing an application for a SOWP is that the spouse of the applicant must be present in Canada and hold a valid work permit or study permit with a minimum six-month validity period.
The bare minimal requirements for availing of the SOWP are as follows:
- In order to be eligible, a spouse must demonstrate a genuine relationship with the principal applicant and hold a valid work or study permit, as applicable.
- One should not be prohibited from entering Canada due to a criminal record or health issues.
When Should One Apply For A Spousal Work Visa For Canada?
Considering the application processing time for a SOWP (which takes about a month) and the validity of your partner’s work or study permit, it is advised to apply as soon as your partner’s permit is issued on approval, as the validity would be the same for your SOWP permit as well.
The Application Procedure
An SOWP application is simple to complete. However, it needs close attention to detail:
- Compile the documentation: Get all the required paperwork together, such as your marriage license, passport, enrollment certificate for your spouse, study permit, and any prior Canadian immigration records, if any.
- Fill out the application: Complete all sections of the application form accurately to prevent delays in obtaining an open work permit.
- Remit fees: The application cost must be paid when submitting an application for an open work permit. This charge is not included in any potential biometric or third-party costs.
- Send in the application: Applying online is faster and gives you the ability to monitor the progress of your application. Alternatively, applications on paper are also permitted.
Processing Duration
The length of time it takes to process an application for a Spousal Open Work Permit can vary greatly depending on the IRCC backlog and the details of your application. In most cases, it can take a few weeks to many months. It is best to apply as soon as you can to minimize any impact on your job schedule.
The Advantages of Having a Spouse Open Work Permit
Having a spouse with an open work permit has many benefits.
- Employment Flexibility: You can work for any employer in Canada without being required to have a specific job offer.
- Canadian Job Culture: Acquire worthwhile job experience in Canada that will help you in your future immigration or professional pursuits.
- Monetary Contribution: Lessen the financial strain of living overseas by providing financial support to your family while your spouse pursues their education.
Obstacles and Things to Think About
While the Spousal Open Work Permit is a terrific opportunity, it does come with challenges:
- Variability in Processing Times: You might not be able to begin working right away because of the variability in processing times.
- Policies and Renewals: The details of renewals, extensions, and changes to your or your spouse’s status must be acknowledged.
Conclusion
It can be difficult to navigate the complicated immigration laws in Canada, particularly when it affects your family’s future and employment. This is where a professional immigration lawyer’s knowledge and experience are helpful.
Sponsorship Lawyer can provide you with personalized guidance and ensure that your documentation is complete and accurate before you submit an application for a spouse open work visa. Our legal professionals can help you get through any roadblocks, move the process forward more quickly, and increase your chances of success. Always keep in mind that having the appropriate support can significantly impact your Canadian experience.
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