Spousal Sponsorship Explained: Who Qualifies for an Open Work Permit?

There are two categories of spousal sponsorship:

1. Spouse or Common-Law Partner in Canada Class (SCLCP)

2. Family Class Sponsorship

Below is a clear comparison of the main differences:

What Is the Temporary Public Policy for Spousal Sponsorship Open Work Permits?

Under the current temporary public policy, spouses and dependent children who have applied for permanent residence under the SCLCP or Family Class may be eligible for an open work permit if they meet the following conditions:

1. Complete PR Application: A full application under Regulation 10 must be submitted, proving a genuine relationship. The sponsor must receive an AOR (Acknowledgment of Receipt).

2. Validity: The open work permit is issued for up to 2 years.

3. Who Can Sponsor: The sponsorship must be submitted by a spouse, common-law partner, or, for Family Class applicants, a conjugal partner.

4. Same Address: The applicant and sponsor must live at the same residential address.

5. Status Requirement: The applicant must have valid temporary status or have applied for restoration.

AOR Exception: If the applicant has less than two weeks remaining on their work or study permit, they may apply without an AOR.

Practical Impact of the Public Policy

Note: Applicants living in Canada are allowed to apply through the out-of-Canada (Family Class) stream.

Since this public policy allows both SCLCP and Family Class applicants to obtain an open work permit, many applicants in Canada may find the Family Class (outside Canada) stream a better option because it is typically processed faster. The main benefit of SCLCP used to be access to an open work permit, but this advantage now applies to both streams under the current policy.

Common Pitfalls

There are several areas where couples or parents may make mistakes when applying for an open work permit after submitting a spousal sponsorship application, issues that can often be avoided with proper consultation.