Work permit for the spouse or common-law partners in Canada

Yui is a Canadian citizen of Japanese origin. She fell in love with Sakura after meeting her online. Yui travelled to Japan later and proposed to Sakura. Luckily, Sakura doesn’t need a visa to travel to Canada. She received her eTA and travelled to Canada to stay with Yui. They later married, and Yui initiated sponsorship of the spouse or common-law partner in Canada. However, they wonder if Sakura could also receive a work permit. Someone tells them they can use the new work permit option for spouses.

Understanding sponsorship of the spouse or common-law partners (FC and SCLPC)

Canadian citizens or permanent residents in Canada may sponsor their spouses or common-law partners. If the plan goes right, their partners become permanent residents in Canada. However, there are two possible options:

• The outside-Canada sponsorship option (Family Class – FC Sponsorship)
• The inland option, or rather the spouse or common-law partner in Canada (SCLPC)

If you are unfamiliar with these two options, I have an article comparing them. The fundamental matter you need to know is that SCLPC is only available to those spouses or common-law partners who cohabit in Canada. Moreover, this option is unavailable to conjugal partners and does not offer the right to appeal.

A work permit for a spousal sponsorship applicant

IRCC used to issue work permits for inland spousal applicants under a pilot program that ended on May 9, 2023. The program allowed applicants to apply for a work permit for inland applications only after the officer approved the application in principle. The pilot was unavailable to applicants outside Canada, even if they managed to travel to Canada. However, upon the end of the pilot, IRCC changed the policy and reposted it on May 26, 2023. According to this policy, you may apply for a work permit once you submit a complete application [practitioners see R10]. Furthermore, the new policy covers both inland (SCLPC) and outside-Canada (FC) applications, as well as the dependent children of the principal applicant.

The eligibility requirements for this work permit

The following are mandatory requirements for this work permit.

• You have submitted a complete spousal/common-law partner application. Of course, you are either the principal applicant or a dependent child.
• The work permit applicant is physically inside Canada under one of the following conditions:
  • A valid temporary status
  • A maintained status
  • Have submitted a Restoration of Status application in a timely fashion
• You were residing at the same address as the sponsor at the time of the work permit application.
• Submit the work permit application using the IRCC Secure Online Account.

Who is not eligible to apply

You may not apply if you do not meet all the requirements above. Furthermore, the following people are not eligible to apply:

• Applicants who have had their IRCC permanent residence application under the SCLPC or FC refused, withdrawn, or returned.
• Applicants with a pending permanent residence application under the spousal public policy without a valid temporary resident status. They must wait for their application to receive an in-principle approval before applying for an open work permit.
• Foreign nationals who have applied for a work permit as part of their permanent resident application through the Permanent Residence Portal.
• Applicants who apply at a port of entry.

Other circumstances

Sometimes there is no active FC or SCLPC application. In these circumstances, the applicant could consider other options for applying for a work permit in Canada. Here are some examples:

• The applicant is the spouse of an international student in Canada: You could qualify for an open work permit under IMP C42.
• The applicant is the spouse of a foreign worker in Canada: You could qualify for an open work permit under one of the existing programs, such as IMP C41.
• The applicant’s spouse may apply, has already applied, or received a BOWP: You could qualify for a work permit under IMP C49.
• In other circumstances, you may need to seek employment in Canada and try one of the following options:
  • Work in Canada without a permit
  • Receive an LMIA and then apply for a work permit.
  • Apply for a work permit without an LMIA.
• The applicant sometimes qualifies for a work permit because they hold a TRP valid for more than six months or are subject to an unenforceable removal order.

Check Your Eligibility Instantly

Knowing your options is the first step toward your move. We have designed a self-assessment tool to simplify the complex International Mobility Program. You simply answer a few questions about your background and job offer. The AI then determines if you meet the criteria for an LMIA-Exempt Permit.

Let us help!

If you are interested in this work permit or spousal sponsorship application, please complete the following form. Alternatively, you may book a consultation session with me.