Open Work Permits

Do you have a partner or parent in Canada with a valid Study or Work Permit? Are you thinking about applying in Canada for Permanent Residence as a Spouse or Common-Law Partner? You might be eligible for an Open Work Permit.

This type of permit is one we receive a lot of questions about, but there are very specific requirements to be eligible. Briefly, Open Work Permits (OWP) are always concurrent with other types of applications and cannot be applied for on their own (except the trusty Post-Graduation Work Permit). If you wish to work in Canada legally, there are other streams of work permits, but in this post, we will just touch on OWPs.

An Open Work Permit is a status document that will allow you to legally remain and work in Canada for as long as the document is valid. This work permit will allow you to work for any company in any occupation within the conditions listed (for example, you will not be allowed to work in the medical profession without a medical assessment). This is different than a permit you might receive from other Work Permit processes like obtaining an LMIA, so be sure you know which type of permit you have and always check your conditions.

If your partner is in Canada or has been approved for a Study Permit or a Work Permit, you can use their approval to apply for the OWP to accompany them to Canada. Remember, your OWP is only valid for as long as the original permit, so if they don't have a permit, you don't either.

Applying for an OWP will require you to show that you have a relationship with the Student or Worker coming to Canada, and your application will be considered on the three areas - the reason for stay, finances and ties to your country of residence or citizenship. We have a new blog post coming with more details on temporary residence requirements, so stay tuned!

If you are in Canada already and applying for Permanent Residence (PR) under the Spousal or Common-Law Partner categories, you can also apply for the OWP at the same time as your PR application. They are usually sent at the same time and take approximately four months to process (we've seen it faster, but plan on it taking the full four months!). With the OWP, you will be able to remain in Canada with your family until your PR application is done. The permit is issued for two years, or to the expiry of your passport, so make sure you have your expiry date written down! Keep in mind submitting a permanent resident application alone does not give you any implied status or temporary means to stay in Canada- you are responsible for maintaining your temporary status until you become a permanent resident.

The application fee for an OWP is $255 plus $85 for biometrics (if needed). Be sure to ask your representative if you or your loved one is eligible to apply!