Introduction

For Canadians and permanent residents, sponsoring their spouse or partner to work in Canada is an exciting opportunity. In this guide, we’ll explore obtaining a work permit for your loved one, covering two main pathways: sponsoring from outside Canada through Family Class (FC) Sponsorship, and sponsoring a partner already in Canada under Spouse or Common-Law Partner in Canada (SCLPC) category.

Unlocking Work Permits for Sponsored Partners

In the past, Immigration, Refugees, and Citizenship Canada (IRCC) ran a trial program that granted work permits to partners already in Canada. Unfortunately, this trial program concluded on May 9, 2023. Under this initiative, applicants could secure a work permit once their application was conditionally approved. However, this option was exclusively open to those applying from within Canada.

Thankfully, the landscape has evolved. As of May 26, 2023, IRCC has introduced a new policy that empowers individuals to apply for a work permit upon submitting a comprehensive application. This policy shift applies to both in-Canada applications (SCLPC) and out-of-Canada applications (FC), encompassing the dependent children of the primary applicant as well.

Eligibility Criteria for Obtaining the Work Permit

To be eligible for this sought-after work permit, several criteria must be met:

1. A complete application must be submitted for sponsoring your spouse or partner, whether they are the principal applicant or a dependent child.
2. The work permit applicant needs to be physically present in Canada, meeting the following conditions:

• • Holding valid temporary status
  • Maintaining their current status
  • Submitting a Restoration of Status application within the specified timeframe

1. Both the sponsor and the applicant must have shared the same address during the work permit application process.
2. The application for the work permit must be lodged via the IRCC Secure Online Account.

Ineligibility for Application

It’s essential to be aware of factors that render individuals ineligible to apply for this work permit:

• Applicants with rejected, withdrawn, or returned IRCC applications for permanent residence under the SCLPC or FC categories.
• Applicants with a pending permanent residence application under the spousal public policy, lacking valid temporary resident status. 
• Foreign nationals who have included a work permit as part of their permanent resident application through the Permanent Residence Portal.
• Applicants applying for a work permit at entry.

Exploring Alternative Scenarios

If you find yourself in a situation where there’s no active FC or SCLPC application, there are still viable routes:

• If you are the spouse of an international student in Canada, you might qualify for an open work permit under the IMP C42 program.
• Spouses of foreign workers in Canada might be eligible for an open work permit under existing programs like IMP C41.
• Those whose spouses have applied for or been granted a Bridging Open Work Permit (BOWP) could potentially qualify for a work permit under IMP C49.

Considering Other Options

• Finding employment in Canada may involve considering options like working without a permit, obtaining an LMIA, or applying for a work permit without LMIA.
• Eligibility for a work permit can be influenced by factors such as holding a valid TRP for over six months or facing an unenforceable removal order.

For more detailed information and pricing details, feel free to reach out to Wow Immigration.

Conclusion

Navigating the intricacies of obtaining a work permit for your spouse or partner in Canada involves understanding the evolving policies and pathways available. By staying informed about the eligibility criteria, ineligibility factors, and alternative scenarios, you can ensure a smoother journey towards enabling your loved one to work and thrive in Canada. For any queries or assistance, don’t hesitate to get in touch with Wow Immigration.