Apply for a Spousal Open Work Permit (SOWP) in Canada

Applying for a Spousal Open Work Permit (SOWP) in Canada allows you to work for any employer while your spouse or common-law partner's permanent residence application is being processed. As of December 2024, Immigration, Refugees and Citizenship Canada (IRCC) has specific guidelines for SOWP applications. Here's an updated, detailed guide to help you through the process, including current guidelines, required documents, fees, and processing times.

Eligibility Criteria

To be eligible for a Spousal Open Work Permit (SOWP), you must meet the following criteria:

• Relationship Status: To qualify for a Spousal Open Work Permit (SOWP), you must have a recognized relationship status with the sponsor. This means you need to be:
• The spouse (legally married partner) of the sponsor, with a valid marriage certificate as proof, or
• A common-law partner, which requires proof of cohabitation for at least 12 continuous months (e.g., shared lease agreements, utility bills, or joint bank accounts).

Your sponsor must be:

• A Canadian citizen or permanent resident, or
• A foreign national authorized to work in Canada (e.g., on a valid work permit).

This ensures that the primary applicant has legal grounds to support the dependent applicant under Canadian immigration policies.

• Residence: To be eligible for SOWP, you must be physically residing in Canada with your spouse or common-law partner during the application process. Proof of shared residence may include a rental lease agreement, utility bills with both names, or correspondence addressed to the same location. This requirement emphasizes that the applicant and sponsor are living together and have established a life in Canada.
• Genuine Relationship: Your relationship with the sponsor must be authentic and not solely for the purpose of obtaining immigration benefits. IRCC may assess the genuineness of your relationship by examining evidence such as:
• Photographs together from various life events.
• Letters, emails, or chat histories demonstrating ongoing communication.
• Joint financial responsibilities (e.g., shared accounts or investments).

If requested, you may need to provide a detailed relationship history explaining how and when you met, your engagement or wedding, and your time spent together.

• Temporary Resident Status: At the time of applying for the SOWP, you must hold valid temporary resident status in Canada, which could be as a:
• Visitor: Someone on a visitor visa or visitor record.
• Student: A holder of a valid study permit.
• Worker: A holder of a valid work permit.

If your temporary status has expired, you must restore your status before submitting the SOWP application. Restoration must be done within 90 days of status expiry. Ensure you maintain legal status throughout the process, as applying without valid status can lead to delays or refusals.

Current IRCC Guidelines (as of December 2024)

• Application Timing: You can apply for an open work permit once you receive an Acknowledgment of Receipt (AOR) letter confirming that your permanent residence application is being processed.
• Valid Status Requirement: You must have valid temporary resident status in Canada to apply for a SOWP. If your status has expired, you must restore it before applying.
• Ineligibility at Port of Entry: You cannot apply for a SOWP at a port of entry. Applications must be submitted online through the IRCC secure account.
• Dependent Children: Dependent children may also be eligible for an open work permit if they meet specific criteria, including living with the principal applicant and sponsor in Canada.

Step-by-Step Application Process

• Prepare Your Application:
  • Create an Online Account: Sign in to or create an IRCC secure account to apply online.
  • Obtain an Acknowledgment of Receipt (AOR): Ensure you have received an AOR letter confirming that your permanent residence application is being processed.
• Complete the Application Form:
  • Form IMM 5710: Fill out the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker.
  • Details of Intended Work in Canada:
    • Question 1: Select "Open Work Permit."
    • Questions 2 to 8: Leave these blank.
• Gather Required Documents:
  • Proof of Relationship: Marriage certificate or proof of common-law status.
  • Proof of Status in Canada: Copies of your current immigration documents (e.g., visitor record, study permit, or work permit).
  • Proof of Spouse's Status: Copies of your spouse's or partner's Canadian citizenship, permanent residence, or valid work permit.
  • Acknowledgment of Receipt (AOR): Letter confirming your permanent residence application is in process.
  • Passport: Valid passport with clear copies of all pages.
  • Digital Photo: Recent passport-sized photograph meeting IRCC specifications.
  • Medical Examination: If required, proof of a medical exam.
• Pay the Applicable Fees:
  • Work Permit Fee: CAD $155.
  • Open Work Permit Holder Fee: CAD $100.
• Submit Your Application: Upload all required documents and submit your application through your IRCC secure account.
• Biometrics: If required, pay the biometrics fee and provide your fingerprints and photograph at a designated collection point.

Processing Time for Canada SOWP Application

As of December 2024, the processing time for a Spousal Open Work Permit is approximately 8 weeks.

Why Choose Peerless Immigration Services for Your SOWP Application?

Applying for a Spousal Open Work Permit (SOWP) in Canada is a detailed process requiring strict adherence to Immigration, Refugees, and Citizenship Canada (IRCC) guidelines. With ever-changing immigration policies and intricate documentation requirements, navigating the process alone can be overwhelming. That’s where Peerless Immigration Services comes in!

Here’s why we are the trusted partner for thousands of clients worldwide:

• Proven Expertise: With a track record of assisting over 4,000 clients and achieving a 97% success rate, our expertise speaks for itself. Our team stays updated with the latest IRCC policies to ensure your application meets all current requirements.
• Personalized Guidance: Every client’s situation is unique. We offer personalized consultations to understand your specific circumstances and provide tailored advice.
• End-to-End Support: From eligibility assessment to final submission, we handle every step of the application process, ensuring a seamless experience.
• Error-Free Documentation: With years of experience, our experts meticulously review your documents to minimize errors that could lead to delays or rejections.
• Transparent Process: We believe in complete transparency. Our team ensures you are informed about every step of the application process and any associated costs.
• Application Submission: Help with completing and submitting your application correctly to avoid delays.
• Follow-Up: Monitor your application status and communicate with IRCC on your behalf.

Note: Immigration policies and fees are subject to change. It's advisable to consult the official IRCC website or a professional immigration consultant for the most current information.

How Peerless Immigration Services Can Help with Your SOWP Application?

We evaluate your eligibility for a Spousal Open Work Permit based on your relationship status, temporary resident status in Canada, and other criteria outlined by IRCC.

With Peerless Immigration Services, you can focus on preparing for your life in Canada while we handle the complexities of the SOWP application process. Trust us to be your reliable partner in turning your Canadian dream into reality.

Contact us today to start your SOWP journey with confidence!