“Bring your spouse to Canada with ease – learn how to apply for Spouse Open Work Permit Canada from India in this guide.”
It’s no secret that Canada is a top destination for many Indian nationals seeking education or work opportunities. But what about those who are married and don’t want to leave their spouse behind in India? Well, here’s some great news – your spouse can join you in Canada and even work there with a Spouse Open Work Permit Canada!
Your significant other can come along and experience the Canadian dream with you. Don’t let the fear of separation hold you back from pursuing your dreams in Canada. With this open work permit, your spouse can work for any employer in Canada, making it easier for both of you to settle down and start a new life together.
In this work permit guide, we will discuss how to apply for a valid Spouse Open Work Permit Canada from India. So, let’s dive in and explore the steps to make this happen.
Eligibility Requirements for Both the Indian National and their Spouse
The Indian national and their spouse must meet the following requirements to be eligible for the spousal open work permit:
Possess a Genuine Relationship
The Indian national and their spouse must demonstrate that they are in a genuine relationship. This includes showing that their relationship is ongoing and that they didn’t enter into this relationship with the primary goal of applying for the Spouse Open Work Permit.
Immigration authorities will scrutinize the couple’s relationship to ensure it is legitimate, ongoing, and not simply a marriage of convenience for immigration purposes.
It’s important for couples to provide as much evidence as possible to support their relationship, including photographs, communication records, and other documents that demonstrate their commitment to each other.
The Indian national must meet the following eligibility requirements if their spouse wants to apply for the Canada Spouse Open Work Permit.
The Indian national must be at least 18 years old when their spouse applies.
Valid Temporary Resident Status
The Indian national must have valid temporary resident status in Canada. So if they are a student, they should be in Canada under a valid study permit. If they are a foreign worker from India, they must hold a valid work permit.
Time Remaining on Temporary Resident Document
The Indian national should have a minimum of 6 months left on their study permit or work permit when their spouse applies for the Spousal Open Work Permit.
The Indian national must be working in occupations that fall under TEER categories 0, 1, 2, 3, 4, or 5 when their spouse applies for the work permit.
Eligibility Requirements for the Spouse
The Indian national’s spouse must meet the following eligibility requirements:
The spouse must be legally married to the Indian national when they apply for the open work permit.
Admissibility to Canada
The spouse must not be inadmissible to Canada, whether for criminal or medical reasons.
Legal Status in Canada
If the spouse is already in Canada, they must hold valid temporary resident status. Those who are residing in Canada illegally with an expired status cannot apply for this work permit.
Leaving Canada After a Temporary Stay
The spouse must demonstrate that they intend to leave Canada after their work permit expires. They can do this by showing ties to India. This includes proof that they have family in India, employment, and/or investments they cannot abandon.
Meeting the Program Criteria
The Spousal Open Work Permit is granted under many different program categories. The spouse must ensure they meet the program criteria within the category they are applying through.
The application guide will also include a document checklist that outlines the documents the spouse must gather for their application. They must then work on collecting each document. This process can take several weeks to complete, so it is important to start it early.
Create an IRCC Account
The Spouse Open Work Permit applicant can then create an account on Immigration, Refugees, and Citizenship Canada’s (IRCC) online portal.
Complete the Forms
The Indian applicant should then fill out the appropriate forms online. They must then sign and date the forms.
Pay the Fees and Submit the Application
IRCC will then process the open work permit application and inform the applicant of their decision. The Spousal Open Work Permit processing time for applicants in India is approximately 8 weeks.
Expert Guidance for Your Spouse Open Work Permit Application
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We have answered some popular questions related to the Spousal Open Work Permit below.
How long is a spousal open work permit valid?
The Open Work Permit for Spouse is typically valid until their Indian national partner’s study permit or work permit expires.
Can my spouse apply for a spousal open work permit if I’m already in Canada?
Yes, your spouse can apply for this work permit if you are in Canada, as long you have valid temporary resident status.
Can my spouse work in any job with a spousal open work permit?
Yes, the “open” in open work permit implies your Indian spouse can work for any Canadian employer and in any occupation type in Canada.
Can my spouse apply for permanent residence while holding a Spouse Open Work Permit?
Yes, it is possible for the spouse to apply for permanent residence while holding a Spouse Open Work Permit.
Can my spouse study in Canada while holding a Spouse Open Work Permit?
Yes, the spouse can study in Canada while holding a Spouse Open Work Permit.
Can I apply for a Spouse Open Work Permit if I am a permanent resident of Canada?
No, a Spouse Open Work Permit is only available to the spouse or common-law partner of an Indian national who holds a valid study permit, or work permit or has a job offer in Canada.
Can my children come to Canada with me while I hold a Spouse Open Work Permit?
Yes, your dependent children can come to Canada with you while you hold a Spouse Open Work Permit.
Do I need to provide any specific documentation for a Spouse Open Work Permit application?
Yes, you will need to provide documentation to prove your relationship with the Indian national spouse, such as marriage certificates, joint bank account statements, and other evidence of shared assets and responsibilities.
Can my spouse apply for a Spouse Open Work Permit if they have a criminal record?
It depends on the specific circumstances and the severity of the criminal offense. A criminal record can affect the application, but it is still possible to apply and be granted a Spouse Open Work Permit if the immigration officer determines that the individual is not a security or criminal risk.
Can my spouse extend their Spouse Open Work Permit after it expires?
The extension of the Spouse Open Work Permit is linked to the expiry date of the principal applicant’s work permit. If the principal applicant’s work permit is extended, the Spouse Open Work Permit can be extended as well. However, if the principal applicant’s work permit is not extended, the Spouse Open Work Permit will also expire on the same date. Therefore, it is important to ensure that the principal applicant’s work permit is valid before applying for an extension of the Spouse Open Work Permit.
Can my spouse apply for Canadian citizenship with a Spouse Open Work Permit?
No, a Spouse Open Work Permit does not grant Canadian citizenship. The individual must meet the eligibility criteria and requirements to apply for citizenship separately.
Don’t let distance come between you and your spouse. The Spouse Open Work Permit program is a great opportunity for Indian couples to reunite in Canada. If you need expert guidance in the application process, Elaar Immigration’s experienced Regulated Canadian Immigration Consultants are ready to assist you. Contact us today to start your journey towards building a better future together in Canada.
Reunite in Canada: Apply for a Spouse Open Work Permit
Apply now and bring your loved one to Canada with a Spouse Open Work Permit.