Introduction

Canada is a land of immense opportunities, which have attracted individuals from all corners of the globe. As many professionals seek to build their careers in Canada, they most times wish to bring their families with them. It is at this point that they consider obtaining a work visa for their spouse. If you have a spouse who is in need of a work visa, you are on the right page. In this post, we will explain to you what your spouse needs to do to legally work in Canada.

To begin, you need to know that Canada has different types of work permits. For spouses, the most relevant options are the Open Work Permit and the Employer-Specific Work Permit. An Open Work Permit allows the holder to work for any employer in Canada, without the need for a specific job offer at the time of application. On the other hand, an Employer-Specific Work Permit ties the holder to a specific employer and requires a job offer and, often, a Labour Market Impact Assessment (LMIA). 

Spousal Open Work Permit

One of the most accessible options for spouses is the Spousal Open Work Permit. This permit is typically available to spouses of skilled workers and international students. To qualify, the principal applicant must hold a valid work permit or study permit in Canada. The principal applicant’s job must fall under the National Occupational Classification (NOC) skill levels 0, A, or B, which correspond to managerial, professional, and technical jobs. International students can also sponsor their spouses for an Open Work Permit if they are enrolled full-time at a designated learning institution in Canada. 

The application process for a Spousal Open Work Permit can be straightforward if all required documents are provided. You should typically begin this process by gathering the necessary documents, which typically include a valid passport, proof of relationship (such as a marriage certificate), and evidence of the principal applicant’s status in Canada (such as a work permit or study permit). You also need to provide financial proof that you can support yourselves during your stay. The application can be submitted online via the Immigration, Refugees, and Citizenship Canada (IRCC) website. Online applications are usually processed faster than paper applications, which makes it the preferred method for many applicants.

Employer-Specific Work Permit

If the Open Work Permit is not an option, an Employer-Specific Work Permit might be a suitable alternative. This type of permit requires a job offer from a Canadian employer and, in most cases, an approved Labour Market Impact Assessment (LMIA). The purpose of the LMIA process is to ensure that hiring a foreign worker will not negatively impact the Canadian job market and that no qualified Canadian citizens or permanent residents are available for the position. The principal applicant’s spouse can apply for this work permit if they have secured a job offer from a Canadian employer willing to go through the LMIA process. 

When applying for a work permit for a spouse, financial stability is an important consideration. Applicants must demonstrate that they have enough funds to support themselves and their dependents during their stay in Canada. This includes proving that you can cover living expenses such as housing, food, transportation, and healthcare. Providing bank statements, employment letters, and other financial documents can help satisfy this requirement. We advise that you ensure you meet the financial requirements in order to prevent delays and increase the likelihood of a successful application. 

In some cases, applicants and their family members may be required to undergo a medical examination. This is to ensure that they do not pose a health risk to Canadians and that they do not place excessive demand on the Canadian healthcare system. The medical examination must be conducted by a panel physician approved by the Canadian government. Make sure to schedule the medical examination early in the application process so as to prevent delays and ensure that all health requirements are met. 

Biometrics, including fingerprints and a photograph, are required as part of the work permit application process. These are used for security and identification purposes. Applicants will receive a biometrics instruction letter after submitting their application, which will provide details on where and how to provide biometrics. Ensure that you follo these instructions carefully and provide biometrics promptly to avoid delays in processing. 

It is important to state at this juncture that processing times for work permits can vary depending on the applicant’s country of residence and the volume of applications received. Check the current processing times on the IRCC website to get an estimate of how long the application might take. Submitting a complete and accurate application can help expedite the process. In some cases, applicants may be eligible for expedited processing through programs such as the Global Skills Strategy, which aims to attract highly skilled talent to Canada. 

Once your spouse has obtained a work permit, maintaining their legal status in Canada is another important consideration. Maintaining legal status in Canada is important for both the principal applicant and their spouse. Beyond simply renewing permits and complying with regulations, you need to understand the resources available to help newcomers integrate into Canadian society. Canada has various programs and services aimed at helping new immigrants settle and thrive. Settlement services provided by the IRCC for instance include language training, employment support, and community orientation. Additionally, understanding Canadian labor laws and workplace rights is important for both the principal applicant and their spouse. Programs like Settlement Online Pre-Arrival (SOPA), local community centers, and online resources can provide invaluable support. With the aid of these resources, your spouse can settle in well in their new environment for smoother transition and successful integration into Canadian life. 

It might interest you to note that securing a work permit for a spouse is a step toward permanent residency in Canada. Several pathways are available for temporary workers and their families to transition to permanent residents. The Canadian Experience Class (CEC) program, under the Express Entry system, is designed for individuals with Canadian work experience and can be a viable option for those on a temporary work permit. Additionally, some Provincial Nominee Programs (PNPs) offer streams specifically for temporary workers and their families. Another pathway to permanent residency is through family sponsorship. 

The process of obtaining a work permit for a spouse can involve delays in processing times, securing employment, and meeting financial requirements. However, to overcome these challenges, it is important to plan ahead, gather all necessary documents, and seek assistance from immigration consultants if needed. Staying informed about the latest immigration policies and programs can also help navigate the process more smoothly. 

On a final note, obtaining a work visa for a spouse in Canada requires understanding the types of work permits available and gathering necessary documents and maintaining legal status. For the purpose of recap, the first step is to ensure that both you and your spouse meet the eligibility criteria for the type of work permit you are applying for by verifying that the principal applicant holds a valid work permit or study permit in Canada, and that the job falls under the appropriate NOC skill levels. Second, collect all necessary documents, including a valid passport, proof of relationship (such as a marriage certificate), proof of the principal applicant’s status in Canada, and financial proof to support yourselves during your stay. Third, fill out the appropriate work permit application form available on the IRCC website and ensure that all information provided is accurate and complete to avoid delays or rejections. Fourth, pay the required fees for processing the work permit application, which can vary depending on the type of work permit and the applicant’s country of residence. Fifth, submit the completed application online via the IRCC website. Make sure to include all supporting documents and pay the application fees. Sixth, after submitting the application, you will receive a biometrics instruction letter to provide your biometrics (fingerprints and photograph) at a designated service location. Seventh, if required, schedule a medical examination with a panel physician approved by the Canadian government. Eight, processing times can vary, so always check the current processing times on the IRCC website but submitting a complete and accurate application can help expedite the process. Once the application is processed, you will receive a decision from IRCC. If approved, your spouse will receive a work permit allowing them to work in Canada. Also, ensure that your spouse maintains their legal status in Canada by renewing the work permit before it expires and complying with all terms and conditions of the permit. In addition, make plans for permanent residency.