The requirements for a Spousal Open Work Permit (SOWP) extension have been changed in 2024 in Canada. They are generally inconsistent with previous policies with major changes including some updates or specific conditions in 2024. These conditions are mentioned below:
Who can apply for a Spousal Open work permit extension?
If your spouse or common-law partner of skilled work is one valid work permit in tier 0,1, or 2 occupation or valid study permit as an international students studying full-time at designated learning institutions (specific professional courses), those being sponsored for permanent residence by a Canadian citizen or permanent resident, participants in the Atlantic Immigration Program working in NOC 0, A, B, or C jobs, and spouses of foreign workers under specific programs or pilot projects can apply for spousal work permit extension.
Requirements for Spouse Open Work Permit Extension 2025
Here are the detailed eligibility criteria for a spousal open work permit (SOWP) extension in 2024:
1. Spouses or common-law partners of full-time international students
If your spouse or common-law partner is an International student who meets the requirements below:
- The student must be enrolled in a public or private university/college in Canada.
- The student must be pursuing a degree or masters, such as:
- Master’s or Doctorate-level programs (e.g., Master’s, PhD, MBA).
- Professional programs (e.g., Doctor of Dental Surgery (DDS, DMD), Doctor of Medicine (MD), Doctor of Optometry (OD), Doctor of
- Veterinary Medicine (DVM), Bachelor of Science in Nursing (BScN, BSN, BNSc)).
- The student must be studying full-time, as defined by the educational institution.
- The spouse/common-law partner must have valid temporary resident status in Canada.
Immediate family members of students/graduates applying for a Post-Graduation Work Permit (PGWP)
- The student must have completed a degree or diploma from a public or private university/college in Canada.
- The student must have applied for a PGWP within 90 days of receiving their final marks.
- The spouse/common-law partner must have valid temporary resident status in Canada.
2. Spouses or common-law partners of permanent residence applicants
The principal applicant must have submitted an application for permanent residence through one of the following programs:
- Federal Skilled Worker Program (FSWP)
- Federal Skilled Trades Program (FSTP)
- Canadian Experience Class (CEC)
- Provincial Nominee Program (PNP)
The application must have been acknowledged by Immigration, Refugees and Citizenship Canada (IRCC) with an acknowledgement of receipt (AOR) letter.
The spouse/common-law partner must have valid temporary resident status in Canada.
Additional requirements:
- The applicant must be living in Canada with their sponsor (spouse/common-law partner).
- The applicant must have valid temporary resident status or have applied for and be eligible for restoration of their status as a temporary resident.
- The applicant must demonstrate that they are in a genuine relationship with their sponsor.
- The applicant must not be inadmissible to Canada.
- Accompanying dependent children:
- Dependent children of the principal applicant can be included in the SOWP application.
- Dependent children must meet the definition of a “dependent child” under IRCC’s rules.
Frequently Asked Questions
1. Can I extend my Spousal Open Work Permit?
Yes, you can extend the spousal Open work permit based on the extension of your spouse or common-law partner in Canada if you meet the valid eligibility criteria. This could be an extension of my current work permit, or studying further in Canada.
2. When should I apply for an extension?
It is recommended to apply for an extension at least 30 days before your current permit expires. However, you can apply as early as 180 days before the expiry.
3. What documents are required for the extension application?
Spousal Open work permit extension does not typically requires lot of documents, however, you need to have following:
- Completed Application Form (IMM 5710E)
- Current Work Permit
- Proof of Relationship (marriage certificate or common-law declaration)
- Spouse’s or Common-Law Partner’s Status (copy of their valid work or study permit)
- Proof of Employment/Enrollment (letter from employer or school confirming spouse’s status)
- Passport (copy of all pages with stamps, visas, and personal information)
- Digital Photo
- Proof of Payment (receipt of application fee payment)
4. Can I continue working while my extension application is being processed?
Yes, if you apply for the extension before your current permit expires, you can continue working under “implied status” until a decision is made on your application.
5. What happens if my spouse’s or partner’s status changes while my application is being processed?
If your work permit is based on your spouse’s status you might want to check the changes because this will affect your application too.
6. Is there a maximum number of times I can extend my SOWP?
There is no set limit on the number of extensions as long as you and your spouse or common-law partner continue to meet the eligibility requirements.
7. Can I apply for an SOWP extension from outside Canada?
Typically, you should apply for an extension from within Canada. If you are outside Canada, it is usually necessary to apply for a new SOWP rather than an extension.
8. How long does it take to process an SOWP extension application?
Processing times vary, so it is best to check the current processing times on the IRCC website. Generally, it can take several weeks to a few months.
9. How much does it cost to apply for an SOWP extension?
The application fee for an SOWP extension is CAD $155 as of 2024. However, this could change, you would want to check the latest fees on IRCC website.
Conclusion
If you’re looking for a Spousal open work permit extension based on your spouse’s status, you would need to have all the documents ready and meet the latest eligibility of 2024 set by IRCC.
