In Canada, the open work permit is a valuable option for individuals who are sponsored as a spouse or common-law partner of a Canadian citizen or permanent resident. This legal provision allows the sponsored individual to work in Canada while their permanent residency application is being processed. In this article, we will explore the application process for obtaining an open work permit under the sponsorship of a spouse or common-law partner.
Who is eligible to sponsor their spouse, partner or child?
Eligibility to Sponsor a Spouse, Partner, or Child for an Open Work Permit in Canada
In Canada, certain individuals are eligible to sponsor their spouse, partner, or child for an open work permit. This allows the sponsored person to work in Canada while their sponsorship application for permanent residency is being processed. The eligibility requirements for sponsoring a spouse, partner, or child for an open work permit include the following:
- Sponsorship Eligibility: The sponsoring individual must be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.
- Relationship Requirement: The sponsor must have a genuine spousal or common-law relationship with the person they wish to sponsor. This relationship must be recognized by Canadian immigration authorities.
- Application for Permanent Residency: The sponsor must submit an application for permanent residency on behalf of their spouse, partner, or child. The application can be made through various immigration programs, such as the Spousal Sponsorship Program or the Family Class Sponsorship Program.
- Demonstration of Financial Ability: The sponsor must demonstrate that they have the financial means to support their spouse, partner, or child during their stay in Canada. This includes meeting the minimum income requirements set by Immigration, Refugees and Citizenship Canada (IRCC).
- Compliance with Sponsorship Undertaking: The sponsor must agree to undertake certain responsibilities, such as providing financial support and meeting the basic needs of the sponsored person, for a specified period of time. This is known as the sponsorship undertaking.
- Admissibility Requirements: Both the sponsor and the sponsored person must meet certain admissibility requirements, including passing background and security checks, and not being inadmissible to Canada for various reasons, such as criminality or health issues.
What is the Application Process?
The application process for an open work permit as a sponsored spouse or common-law partner generally involves the following steps:
- Submission of Sponsorship Application: The sponsoring partner must first submit a sponsorship application to Immigration, Refugees and Citizenship Canada (IRCC) to sponsor their spouse or common-law partner.
- Approval of Sponsorship Application: Once the sponsorship application is approved, the sponsored individual becomes eligible to apply for an open work permit.
- Open Work Permit Application: The sponsored individual must then submit an application for an open work permit, providing the necessary supporting documents and paying the applicable fees.
- Processing and Approval: The open work permit application will be processed by IRCC. If all requirements are met and the application is deemed satisfactory, the open work permit will be issued to the applicant.
Benefits of an Open Work Permit:
Obtaining an open work permit as a sponsored spouse or common-law partner offers several advantages, including:
- Work Opportunities: With an open work permit, the sponsored individual can work for any employer in Canada, providing them with greater flexibility and employment options.
- Financial Independence: The ability to work in Canada allows the sponsored individual to contribute to their own financial well-being and support their family during the permanent residency application process.
- Social Integration: By engaging in the Canadian workforce, the sponsored individual can establish connections, develop professional skills, and enhance their overall integration into Canadian society.
The open work permit policy for sponsored spouses or common-law partners in Canada serves as a valuable pathway for individuals to work and contribute to the Canadian economy while their permanent residency application is being processed. It offers numerous benefits and opportunities for the sponsored individual, promoting their integration and success in Canada.