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Posted on May 21 2020

Foreign spouses of Canadians can now work while seeking PR

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By  Editor
Updated July 25 2023

A new provision in Canada immigration is befitting common-law partners and spouses of Canadians.

With an Open Work Permit, the common-law partners and spouses of Canadian citizens can work in Canada while applying for permanent residence (PR). Such an application will be made via spousal sponsorship.

These applicants must be living in Canada on legal status at the same address where their partners live. A job offer is not necessary criteria to be eligible to apply for PR.

Immigration, Refugees, and Citizenship Canada (IRCC) has already extended the Open Work Permit Pilot till July 31, 2020. Any further extension this year is yet to be decided.

The Open Work Permit Canada is not employer-specific. It allows permit-holders to work for any employer in Canada.

A candidate can apply for an Inland Spousal Sponsorship and Open Work Permit separately or simultaneously.

While applying simultaneously, the candidate should send all necessary documents and payment proofs via post. If there is an impossibility, delay, or inconvenience to do so due to the disruptions caused by COVID-19, IRCC will receive a valid explanation. Then, the application may be held for 90 days.

In case the application is incomplete in 60 days, IRCC will issue an additional 90-day deadline, requesting for the missing documents.

IRCC can issue an approval in principle on a PR application. It means that IRCC has identified that the applicant has met all the eligibility requirements except security, medical, and background checks.

If a candidate has applied for a sponsorship and got approval in principle on the PR application, that person can apply for Open Work Permit online.

If an applicant hasn’t received the approval in principle, then that applicant will be instructed by IRCC to send the application for an open work permit via mail. The applicant must include all required documents and proofs of payment while doing so.

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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