UPDATE: Since writing this blog, IRCC’s policy on these open work permits has changed. Please contact me for updated information.
On September 23, 2022, Immigration, Refugees and Citizenship Canada made it mandatory to submit most types of permanent residence applications, including spousal sponsorship applications, online.
Prior to that date, spousal sponsorship applications could be submitted by mail. For applicants in the Spouse or Common-Law Partner in Canada class (SCLPC), an application for an open work permit could be included in the same envelope as the sponsorship application and would be processed when the sponsorship application was accepted for processing. This meant that an open work permit could be issued to the sponsored spouse within a few months of submitting a complete spousal sponsorship application.
With online submission of spousal sponsorship applications, many applicants in the SCLPC class are confused about how to submit the open work permit application. IRCC's instructions indicate that applicants must first submit their spousal sponsorship application, wait several months for an Acknowledgement of Receipt (AoR), and THEN submit the open work permit application (with a processing time of several more months).
However, in practice, there can be a disconnect between IRCC's instructions and what immigration officers are actually doing. My colleagues at the Canadian Bar Association and the Canadian Immigration Lawyers Association have reported that IRCC may accept the open work permit application as a supporting document attached to the spousal sponsorship application and may issue the open work permit soon after the sponsorship application is accepted for processing. This approach can allow the sponsored spouse to begin working in Canada many months sooner than IRCC's instructions indicate.
This article does not constitute legal advice. Want to discuss your case? Please contact me for assistance.