If you are working or studying in Canada, you are eligible to apply for a spousal work permit application. A Spouse Work Permit in Canada isn’t job-specific, meaning that one cannot accept any job with any Canadian employer during the permit.
Your spouse/ common-law partner needs to be currently working or studying in Canada with a valid visa. For the same period as your spouse’s work or study permit, your spousal work permit will enable you to work in Canada.
In this article, we would like to shed light on all the important information that you need to know regarding Canadian Spouse Work Permit.
Applying for a Spouse Work Permit
From both inside and outside Canada, you can apply for a spouse work permit. There is no requirement of a job offer to apply for an open work permit as a common-law partner or spouse. It is to be noted that the duration of your permit shall not exceed that of your spouse’s work or study permit. In some cases, during the same time when your spouse’s application for a study or work permit is under process in your country, you can apply for a partner/ spouse work permit. In such cases, your spouse will not only need to complete your application but also include the additional application fee for the work permit.
Conditions to Apply for a Spouse Work Permit in Canada
Only two types of common-law partner or spouse work permits exist in Canada. You can either apply for a work permit through a specific employer or apply for an open work permit. If you are planning to apply for a work permit with a specific employer, you will need to get a Labour Market Impact Assessment (LMIA) through a specific employer. If an open work permit is what you are intending to apply for, you will be able to accept any position of employment with any employer in Canada.
Common-Law Partner or Spouse Open Work Permit
Any person who is a common-law partner or spouse of someone who is legally studying or working in Canada is eligible for a spouse open work permit. If your family member is studying or working in Canada, then if you meet the below-mentioned eligibility criteria you are eligible to apply for an open work permit.
– Your common-law partner or spouse is currently employed in a specific occupation under BOC, skill type A, B, or O as a skilled worker
– Your spouse’s eligibility to work in Canada is for 6 months or more.
– Your spouse is enrolled in any of Canada’s designated post-secondary institutes of learning such as a university or professional college.
– Your family member is representative of a foreign country or is a foreign member of the military deployed currently on the Canadian soil
Application for Work Permit through a specific employer
You will have to complete a Labour Impact Assessment (LMIA) for you if you are looking for a work permit through a specific employer. It enables the employer to hire you for the job that best fits your profile. You need to meet the following requirements if you are intending to apply for a Spouse Work Permit in Canada.
– You hold a temporary resident permit in Canada that has at least 6 months of validity
– Under Common Law Partner or Spouse in Canada class, you have applied for permanent residency
– Under the Labour Market Impact Assessment you are eligible to apply for a work permit
– Based on your experience and qualification, you are eligible to apply for a work permit.
The process of application for a Spouse Work Permit is similar to that of a normal work permit. With the help of certified and leading Immigration Lawyers in Toronto, you can navigate through all necessary documentation with ease.
You will need to provide a copy of his/ her work permit document with your application if your spouse has a valid work permit. The following documents also need to be submitted:
– Recent salary slips a copy
– Copy of spouse’s job offer letter from employment contract
– Confirmation letter from your spouse’s employer regarding the skilled nature of his/ her work in O, B, NOC, or an occupation
Importantly keep in mind that the validity of your work permit is only valid as long as the validity of your spouse’s work permit or the primary application.
Major benefits of getting a Spousal Open Work Permit (SOWP)
While you wait, work in Canada –
With SOWP you can have the advantage of staying in Canada while they are awaiting a decision on their immigration application. To process a spousal sponsorship, it can take up to 12 months for IRCC (Immigration, Refugees and Citizenship Canada). Foreign nationals can work in Canada during this time with SOWP.
Work anywhere, skip the LMIA-
With open work permits foreign nationals to have the freedom to work with any employer or in any job in Canada as opposed to closed work permits. Employers who employ SOWP holders needn’t get LMIA.
Live with your partner-
Without any form of a temporary status or SOWP, spousal sponsorship applicants will have to complete their process outside of Canada. During the waiting period of application processing, SOWP makes it easier for couples to live together.
Gain Canadian experience-
Gaining work experience in Canada, before becoming a permanent resident can help your career growth in Canada greatly. So by the time you get permanent residence, you will already have some substantial work experience with you. With more Canadian work experience, you can have more earnings.
Being in Canada allows you to create new relationships, provides you with the opportunity to network, and also improves your language skills.
Importance of getting the help of an immigration lawyer
Canadian immigration is a lengthy and complicated process subjected to changes. Working with qualified and reputed Immigration Lawyers in Canada can help you make your immigration process and application fast, effective and successful.
