Temporary Residence Spousal Open Work Permit (A70)
Spousal Open Work Permit (A70)
Open work permits for spouses and common-law partners being sponsored from inside Canada.
Viviane Trudel, RCIC-IRB Licence #R723047
A spousal open work permit lets a spouse or common-law partner who is being sponsored for permanent residence from inside Canada work for almost any employer while the sponsorship is finalized. The permit:
- Becomes available once the permanent residence application under the Spouse or Common-Law Partner in Canada class has been approved in principle
- Is issued under exemption code A70
- Is valid for up to 24 months
Who a spousal open work permit is for
- Applicants whose permanent residence application under the Spouse or Common-Law Partner in Canada class has been approved in principle
- Spouses and common-law partners living with their sponsor at the same address in Canada
- Applicants with valid temporary resident status, on maintained status, or eligible to restore their status
- Applicants without status who may be covered by the out-of-status spousal public policy
- Applicants unsure which open work permit category applies to their situation
- Applicants with a prior refusal, a recent change of address, or other concerns in their immigration history
Spousal open work permit representation
Eligibility and strategy development
- Review of your approval in principle letter and confirmation that you are in the Spouse or Common-Law Partner in Canada class
- Review of your temporary resident status, including maintained status, restoration and the out-of-status public policy
- Review of the evidence that you live with your sponsor at the same address
- Review of your immigration history, including prior refusals and any work or study without authorization
- Confirmation of the right work permit category for your situation
- A timeline that coordinates your work permit with your sponsorship application and your current status
Application preparation and submission
- A personalized document checklist covering your relationship, your shared address and your status
- Preparation and review of every IRCC form, checked for consistency with your sponsorship application
- A written representative submission where your circumstances call for one
- Submission to IRCC online on your behalf as your authorized representative
Post-submission support
- Monitoring of your file and handling of all IRCC correspondence
- Written responses to procedural fairness letters
- If an application is refused, a review of the officer’s notes (GCMS) and advice on next steps
Spousal open work permit questions
You must be the principal applicant on a permanent residence application under the Spouse or Common-Law Partner in Canada class, and that application must already be approved in principle; an acknowledgement of receipt is not enough. You must also live with your sponsor in Canada and hold valid temporary resident status, be on maintained status, or be eligible to restore your status. The application is made online.
Applicants without status are not normally members of the Spouse or Common-Law Partner in Canada class. A public policy for out-of-status spouses and partners can waive the status requirement, and those covered by it may apply for the open work permit once their permanent residence application is approved in principle.
No. The permit is open, so you can work for most employers in Canada without a job offer or an LMIA. If your immigration medical exam has expired, the permit may restrict work in certain occupations, such as health care and child care, until a new exam is completed.
Up to 24 months, but never beyond the expiry of your passport or your biometrics.
Proof of a genuine relationship, such as a marriage certificate or a Statutory Declaration of Common-law Union (IMM 5409); proof that you and your sponsor share the same address, such as a lease or proof of home ownership; your approval in principle; and proof of your temporary resident status, unless that requirement is waived.
Short trips are possible, as long as your primary residence remains in Canada with your sponsor. Travel while your status depends on maintained status or restoration carries additional risk, and should be planned before you leave.
A $155 work permit processing fee, a $100 open work permit holder fee and, where required, an $85 biometrics fee. The processing fee is not refunded if the application is refused, but the open work permit holder fee is.