Open Work Permit (OWP)

Both INLAND & OULAND applicants within Canada

26 May 2023 : Canada is reuniting loved ones through new immigration measures New measures also address labour shortages in Canada - Canada.ca

30 Jan 2023 : After previous notice of OWP Pilot Project expiring on 31 January 2019, IRCC have now extended OWP Pilot Project until 31 July 2020.

OWP Application MUST be applied online using GCKey portal AFTER receiving Family Class application's AOR.

As a spouse/partner of Canadian Citizen (CC) / Permanent Resident (PR), you are eligible to apply for Open Work Permit (OWP) as part of your Spousal and Common-Law Partner in Canada (SCLPC) class or Family (FC) class PR Application.

Family Class Application Types:
SCLPC = INLAND
FC = OUTLAND

To be eligible for an Open Work Permit (OWP), you, PA, must be a spouse or common-law partner living in Canada with SPR at same address under the SCLPC or FC class.
You must have valid temporary resident status (as a visitor, student, or worker) and live at the same address as your sponsor. (More)
If you have already submitted an application for permanent residence but have not yet received Approval in Principle (AIP) under the SCLPC or FC class, or have not yet applied for an open work permit, you can complete the work permit application later.
If you are on "Maintained Status", you do NOT have legal status, hence are NOT ELIGIBLE FOR OWP.
OWP Validity : It's 2 years, or your passport expiry date, whichever is expiring soon.
Spousal OWP is exempted from LMIA requirements.
Spousal OWP is exempted from Health Insurance requirements (unlike IEC)

[More]

If only sending OWP application individually, Send your completed application, along with appropriate fee, to the Case Processing Centre in Edmonton at:

Case Processing Centre in Edmonton

Immigration, Refugees and Citizenship Canada

c/o Work permits for spouses or common-law partners, Station 777

9700 Jasper Avenue NW, Suite 55

Edmonton, AB T5J 4C3

If you are submitting a new application, you may submit a work permit application at the same time as your sponsorship application package, along with an application for permanent residence. You must include the appropriate fees, and send all completed applications together to the Case Processing Centre in Mississauga.

By mail:

In-Canada Sponsorship

CPC – Mississauga

P.O. Box 5040, Station B

Mississauga, ON

L5A 3A4

By courier service (no public drop-offs):

Case Processing Centre – Mississauga

2 Robert Speck Parkway, Suite 300

Mississauga, ON

L4Z 1H8

-:IMPORTANT:-

→ Approval In Principle (AIP) is the first stage approval for Inland Applicants but pretty much guarantees your PR, happens towards the end). Most people get DM in just few weeks from here.

→ If you have already received Approval In Principle (AIP) on your inland permanent residence application – meaning you received a letter from Immigration, Refugees and Citizenship Canada stating you meet the permanent residence eligibility requirements but have not yet passed the medical, security and background checks for your family members or yourself – you may apply for an open work permit online.

→ As long as you are in status, you can apply for the OWP at any time during your PR app processing.

→ If you are out of status when you apply for the OWP, you will not be granted your OWP until you receive AIP (approval in principle) for your PR application. AIP is currently not being granted until very shortly before the application is finalized (10-11 months in) so you can expect to be out of status and unable to work for almost the entire application process. There's no point wasting your money in such cases for OWP.

→ If you were provided with a work permit under the initial pilot, you must apply for a work permit extension before it expires.

IMPORTANT

Before you apply for OWP, you must ensure you are NOT on implied status. You have to keep your immigration status active - even if you have to extend your temporary resident status.
If you are on visitor status and haven't received decision on your OWP, you must apply for your current status's extension at least 30 DAYS before your visitor status runs out. Generally, your visitor status is valid for SIX MONTHS from the day of your entry (unless advised by CBSA Officer).
You can even APPLY ONLINE for OWP.
Temporary residents currently in Canada with a valid study or work permit must submit their application for a new temporary resident visa to the Case Processing Centre in Ottawa (CPC-O), or visa office that serves their country of nationality.
If IRCC deny your visitor extension, you will need to apply for Restoration. If you apply for PR within 90 days of the refusal, you can apply for Restoration as a worker in the OWP application.
Implied Status is granted anytime a person applies to extend their temporary residency status prior to the expiry of their current status. It doesn't matter if that status is visitor, worker or student
eTA has absolutely no relation to your status in Canada. The eTA is what allows you to board a plane to Canada as a visa-exempt person, but it has no impact on your entry into Canada or how long you are allowed to stay.
Work permit starts with letter "W" which basically means "work". For PR, it starts with letter "F" which describes Family Sponsorship and for Temporary Resident Visa, it starts with Letter "T"

You can pay your OWP Fees online ($100 + $155) at : https://eservices.cic.gc.ca/epay/order.do?category=17

Forms

Document Checklist (Worker in Canada) IMM 5556 : You just have to complete up until "Marriage Certificate". After that, just write N/A for every option.

NOTE: THIS DOCUMENT CHECKLIST WAS ONLY APPLICABLE FOR PAPER-BASED APPLICATION. OWP IS NOT TRANSITIONED TO ONLINE APPLICATIONS ONLY.

Application to Change Conditions, Extend my stay or Remain in Canada as a Worker IMM 5710 : On page 3 of 5, you should leave Q2, Q3, Q5, Q6 & Q7 BLANK regarding 'DETAILS OF INTENDED WORK IN CANADA'.

Example of OWP Refusal Letter

Example of OWP Approval Letter (not OWP)

Example of Spousal OWP (SOWP) issued to spouses of Temporary Residents in Canada (not spouses of CC/PR)

PROCESSING AN OPEN WORK PERMIT

- This can only be processed once a decision has been made on APR eligibility.
- Category 'WP-EXT' will be assigned instead of 'WP'
- Work Permits are always printed by "Secondary Office" - CPC-Vegreville
- A̶l̶l̶ I̶n̶l̶a̶n̶d̶ a̶p̶p̶l̶i̶c̶a̶t̶i̶o̶n̶s̶ a̶r̶e̶ c̶h̶e̶c̶k̶e̶d̶ i̶f̶ t̶h̶e̶y̶ h̶a̶v̶e̶ O̶W̶P̶ a̶p̶p̶l̶i̶c̶a̶t̶i̶o̶n̶ e̶n̶c̶l̶o̶s̶e̶d̶ a̶n̶d̶ a̶p̶p̶r̶o̶p̶r̶i̶a̶t̶e̶ b̶o̶x̶ i̶s̶ c̶h̶e̶c̶k̶e̶d̶ i̶n̶ D̶o̶c̶u̶m̶e̶n̶t̶ C̶h̶e̶c̶k̶l̶i̶s̶t̶.

As per IRPR 207(b),

Eligibility "Passed":

- An open work permit can be approved if eligibility is passed and PA submitted a WP Application.
- Appropriate conditions regarding status and/or medicals will be logged.

If your application is returned due to incomplete or missing form/paperwork DURING implied status, you will:

a) become out of status.

b) applicant is considered in status till their temporary resident document expires.

c) not be able to apply for Restoration of Status due to exceeding 90 days window.

It's because incomplete application is treated as never existed. That is why it's always best to apply for extension well before your Visa Expiry date.

Visa/Status Valid Before Spousal PR App.

You have valid status in Canada. You can apply for Spousal PR Application with ease.
Your current visa will remain valid during processing time.
You can apply for Spousal PR Application + OWP Application combined. Only paper-based applications are accepted.
Since your status is valid, your OWP application will be processed AFTER "Sponsor Approval" Stage.
Remember that you can only apply for OWP (i) With the application package, or (ii) After approval-in-principle.

Visa/Status Expired Before Spousal PR App.

You must restore your Visa/Status first to have OWP processed.
OWP will only be processed AFTER AIP stage due to loss of status.
If you have submitted extension application before your last status got expired, then you are on implied status. Extension Approval will give you In-Canada status. You should only expect early OWP processing if your status in Canada is valid, not on implied status.
In-Canada Status = OWP processed AFTER Sponsor Approval stage
Implied Status = OWP processed AFTER AIP stage (ending stage of PR Application)
If you didn’t apply for an extension before your time ran out, then you need to restore your status first, not apply for another extension.
Applying for extension give you Implied Status. Extension Approval will give you In-Canada status.
You have 90 days, starting from Temporary Resident Document's Expiry Date, to comply.
If you were on IEC, you must apply for restoration of status first. You aren't allowed to work either. IEC visas aren't eligible for extension.

Visa/Status Valid but Application Returned

Since no AOR was issued, spousal PR application is considered unprocessed/never existed and your last status will continue to be valid.
You can still resend completed OWP application along with PR Application package provided your Visa/Status is valid.
If you didn’t apply for an extension before your time ran out then you need to restore, not apply for another extension.
If you apply for the extension, get your OWP refused, resend the OWP application before the decision on the extension, you can get your OWP before you even hear back on the final extension decision.
If you do get refused on the extension before you get OWP approval, then you're out of status and can't apply for the OWP until AIP.

Visa/Status Valid During Spousal PR App.

OWP application is processed soon after Sponsor Approval stage.
Make sure your Visa/Permit do not expire or run out of status.
If your Visa/Permit is expiring, apply for extension to remain in-status.

Visa/Status Expired During Spousal PR App.

IMPLIED STATUS = if you applied for PR + OWP application before your TRV/Permit/Visa Expiry date.
No IMPLIED STATUS = if PR and/or OWP application is returned AFTER TRV/Permit/Visa expiry date.
If OWP is approved, applicant has valid status as worker, not Implied Status.
Implied Status is the "in-between" status. It only applies during the time between expiry of the previous status and approval of the new status.
To avoid No Implied Status scenario, apply for extension before current permit expiry date, as a backup.
Your OWP application will be rejected if you fail to maintain your temporary status throughout Spousal PR application process.
You must apply for Extension at least 30 days before status expiry date. Don't wait for Visa to expire.
OWP application is processed soon after Sponsor Approval stage provided your status remain valid.
You must make sure your temporary status remain valid throughout inland process to get OWP.
If your extension application get refused before your OWP is approved, you would be out of status and no longer eligible for the OWP, + you will also loose fees.

Visa/Status Expired but Application Returned

Since no AOR was issued, application is considered unprocessed/never existed and your last status is implied. You will be not be on implied status.
If extension application was submitted before their TRV Expiry Date and before PR + OWP application was sent, you are on Implied Status.
You must apply for Restoration of Status first before you can apply for OWP.
You have 90 days, starting from Temporary Resident Document's Expiry Date, to comply.
After Restoration of Status, you can still send OWP application, however you won't get OWP processed before AIP stage (ending stage of Inland processing).
You can also send Restoration of Status, PR Application & OWP Application (all combined) to have it processed as one, provided you are within 90 days of restoration deadline.

90 days

Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, receive a notice from the Case Processing Centre in Edmonton (CPC-E) warning them to apply for restoration. Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee.

Restoration + fees

'Restoration of Status' has no active or implied status in Canada. They may not study or work anymore.

Clients applying for a restoration must pay the corresponding fees. Any client applying to restore as a visitor must pay only the restoration fee (i.e., $200.00). However, if a client also requires a work and/or a study permit, they must pay processing fees for each permit in addition to the fee for restoration (i.e., $200.00 + permit).

The officer first evaluates the restoration application and, if approved, processes any application for a study and/or work permit.

If you have applied for extension and decision is pending, you can't apply for Restoration right now because until the extension application you submitted is refused/rejected, you have legal status.

When I apply for restoration I am considered out of status or still on implied status? You would still be out if status. If Restoration is approved, it basically retroactively legalises your stay to the point when your status originally expired. If it is refused, you will be considered to have been out of status the whole time.

IMPORTANT EXPLANATION REGARDING 'MAINTAINED STATUS' for INLAND (SCLPC Class) APPLICANTS ONLY (formally known as 'Implied Status')

Spousal Sponsorship PR Application or any other PR applications don't give 'IMPLIED STATUS'. Just being "in the system" as a PR applicant does nothing for you in terms of giving you legal status in Canada.

If you submitted an application under the Spouse or Common-Law Partner in Canada (SCLPC) Class (aka INLAND) and you submitted an Open Work Permit (OWP) application along with the inland sponsorship/PR application, you'd have implied status until a decision is made on your OWP application.

It's this OWP application that would give you implied status, not the sponsorship/PR application.

If you submitted an application under the Family Class (FC) (aka OUTLAND; and yes, it is possible to submit an outland application while residing in Canada), then, by not being eligible to apply for that OWP Inland applicants are eligible to apply for, you'd have NO Implied Status unless you apply to extend your status as a visitor to get Implied Status on that visitor extension application because, again, the sponsorship/PR application in and on itself, doesn't give you implied status.

Even if you submitted an INLAND application + the OWP application, you can (and, to be on the safe side, you should) still apply for an extension of your visitor status, just in case your PR and OWP applications get returned as incomplete (unprocessed), due to some mistake with the application (which is more common that you think);

If you don't extend you status and you decide to only rely on the implied status from your OWP application, and the application does get returned, you'd be OUT OF STATUS at that point the moment the application gets returned. If that was to happen, you can still resubmit the INLAND sponsorship/PR application while being 'Out of Status' in Canada, thanks to a new Public Policy (only for inland applications: applications under 'SCLPC' class; the public policy DOEST NOT apply on 'FC' Class (Outland) applications, not even if the OUTLAND applicant is in Canada); but, without legal status, the OWP application would only be processed when the PR application reaches the AIP (Approval-In-Principle) stage, which is close to the end of the process). Not to mention dealing with a restoration of status application (which costs the double of an extension of your status as a visitor).

If you extend your status as a visitor and your PR + OWP gets returned, you'd still have implied status from the visitor extension (instead of being out of status).

For more information, visit the Help Centre. If you have a case-specific enquiry, use the IRCC Web form.

Source(s):

Updated : 28th May 2023

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