If you or your spouse is out of status in Canada and you’re wondering how to apply for an open work permit during spousal sponsorship, you’re not alone. This is a common concern for couples navigating Canada’s immigration system, and the good news is that there are pathways available for out-of-status spouses to apply for and receive an open work permit under certain circumstances.
In this post, we’ll break down the requirements, steps, and important considerations for out-of-status spouses seeking an open work permit while being sponsored for permanent residence under the spousal sponsorship program.
How Can Out-of-Status Spouses Apply for an Open Work Permit During Spousal Sponsorship?
What Is an Open Work Permit?
An open work permit (OWP) allows the holder to work for almost any employer in Canada without needing a specific job offer. This type of permit provides flexibility and financial stability to spouses of Canadian citizens or permanent residents who are being sponsored for permanent residence.
For out-of-status spouses—those who have overstayed their visa, lost their status, or failed to meet conditions of their original permit—an OWP can serve as a critical lifeline while waiting for their sponsorship application to be processed.
Can Out-of-Status Spouses Apply for an Open Work Permit?
Yes, out-of-status spouses can apply for an open work permit under Canada’s spousal sponsorship program. This is made possible by the Spousal Public Policy, which offers protection and support to spouses of Canadian citizens or permanent residents. Even if the applicant is out of status, they may still qualify for an OWP as long as they meet certain conditions.
The spousal sponsorship application must be submitted under the inland sponsorship program, which is intended for spouses already living in Canada. This program allows applicants to remain in Canada and apply for work authorization while waiting for their permanent residence decision.
Steps to Apply for an Open Work Permit as an Out-of-Status Spouse
If you are out of status and want to apply for an OWP as part of the spousal sponsorship process, here’s how it works:
1. Submit Your Inland Spousal Sponsorship Application
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The first step is to submit your application for permanent residence under the inland spousal sponsorship program.
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Ensure that the application is complete and meets all the required criteria. Missing or incorrect documents can delay processing.
2. Prepare the Open Work Permit Application
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Complete the “Application to Change Conditions, Extend My Stay, or Remain in Canada as a Worker” to apply for the OWP.
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Provide explanation of out-of-status situation and provide supporting evidence and a copy of the government policy.
3. Pay the Required Fees
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As part of your OWP application, you’ll need to pay the processing fee ($155) and the open work permit holder fee ($100). Make sure to retain proof of payment for your records.
4. Await First-Stage Approval (AIP)
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To be eligible for an OWP as an out-of-status spouse, your application must pass the first stage of approval, also known as Approval in Principle (AIP). This confirms that your spousal sponsorship application meets basic eligibility requirements and that your relationship is genuine.
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Once you receive AIP, your open work permit can be issued while the rest of your permanent residence application is processed.
5. Work While You Wait
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After your OWP is approved, you can legally work anywhere in Canada until a final decision is made on your spousal sponsorship application.
Key Considerations for Out-of-Status Spouses
Here are some important points to keep in mind when applying for an open work permit as an out-of-status spouse:
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Spousal Public Policy: The Spousal Public Policy allows for out-of-status spouses to remain in Canada while their sponsorship application is processed. However, this does not apply to individuals who are inadmissible for serious reasons (e.g., criminality, security concerns).
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Genuine Relationship Requirement: Your relationship must be genuine and not entered into solely for immigration purposes. Immigration officers will assess your relationship carefully during the sponsorship application process.
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Maintain Communication with IRCC: It’s crucial to respond to any requests for additional documentation or information promptly. Delays in providing requested documents could extend processing times or jeopardize your application.
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Processing Times: As of 2025, OWP applications submitted with inland spousal sponsorship applications typically take around 4–5 months for approval. Check the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date processing times.
Benefits of Applying for an Open Work Permit During Sponsorship
Applying for an open work permit while your spousal sponsorship application is being processed offers several advantages:
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Financial Stability: You can contribute to your household income by working legally in Canada.
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Reduced Stress: An OWP provides peace of mind, knowing that you can remain in Canada with your sponsor and work legally.
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Integration: With work authorization, you can gain Canadian work experience, build a network, and integrate more easily into your local community.
Conclusion: A Path Forward for Out-of-Status Spouses
Navigating Canada’s immigration system as an out-of-status spouse can be stressful, but programs like inland spousal sponsorship and the open work permit provide important opportunities for couples to stay together and build a life in Canada. By understanding the steps, meeting the requirements, and following the Spousal Public Policy, you can apply for an open work permit and move one step closer to permanent residence.
If you’re unsure about the application process or have questions about your specific situation, it’s always a good idea to seek legal guidance. Immigration policies can be complex, and professional advice can help you avoid costly mistakes.
Need help with your spousal sponsorship application? Schedule a strategy session today: https://sisulegal.com/pages/booking-immigration-law-windsor-troy.