Canada Spousal Open Work Permit:

Applying for SOWP can be done in two different ways:

(i) Inside Canada

(ii) Outside Canada

One can qualify for an open work permit if your spouse is already employed or enrolled in a university in Canada or if your spouse has sought to sponsor one for permanent residence in Canada.

You can include your dependent children in your application for a spousal open work permit if you fulfil the income requirements to sponsor them. If your child is not already a citizen of Canada, you may be able to sponsor them if you are a citizen, a permanent resident or a registered Indian. Children who are dependent on you must fill out their own child-dependent visa application forms. You and your kids are permitted to: Submit your applications simultaneously, either at Visa Application Center (VAC) or online. The best part about obtaining a SOWP is that you can bring your dependent child with a visitor grant provided:

• Your biological/adopted child must be below 22 years of age.
• The child must not be married or have a partner
• In special cases if your child is over the age of 22 and is financially dependent due to a physical/ mental condition

Connect with GreenTree Immigration to know more about bringing in your dependent child to Canada on your spousal open work permit.

When you are applying for a Canada SOWP visa for your spouse or common-law partner, anywhere outside Canada it takes about 17 months for the processing. For instance; if your spouse or common-law partner is applying for a SOWP visa from India it would take 17 months to process it.

What procedures does the processing time involve?

• In the processing time it will take the officials to verify if you are eligible
• The duration of your biometric submission
• The evaluation process of both the sponsor and the individual being sponsored; i.e. spouse or common-law partner

Who is eligible to apply for a Spouse Open Work Permit (SOWP) visa?

A spousal open work permit may be available to those whose spouses have asked to be sponsored by them or whose spouses are in Canada on a work visa or a study visa. Depending on your spouse's status in Canada, there are different criteria for submitting an application for a spousal open work visa. Your eligibility requirements for obtaining a SOWP depend on whether you live in Canada or outside India. However, you must have met the following general criteria to acquire the SOWP visa:

1. Your common-law partner, spouse, a dependent child of a worker visa applicant who belongs to a certain economic class
2. A work visa holder's common-law partner, spouse, or dependent childor legal guardian agrees to your child immigrating to Canada.
   1)Is the main applicant and possesses a valid work permit such as post-graduation work permit holders on any skill level
   2) Employment in any area of Training, Education, Experience, and Responsibilities (TEER) with skill levels from 0 to 5
3. To enter Canada, one should not have any medical or criminal constraints
4. Demonstrate sufficient proof of funds
5. Possess a valid temporary resident visa
6. The common-law partner or spouse of a foreign student or skilled worker
7. A participant in the Atlantic Immigration Pilot Program and the applicant's spouse or common-law partner
8. One must be eligible as the spouse of the principal applicant, who is an immigrant and who has a valid study or work permit, as applicable

a) Visitor visa b) Dependent PR visa and c) SOWP visa?

Check out all that you need to know about the Dependent PR and SOWP visa eligibility, the document checklist, the steps involved in the application process and all other details here!

• The choice to bring your dependant children with you
• Work Full-time job anywhere in Canada
• Validity of the SOWP visa is as same as the partner’s work permit/study visa
• LMIA-free or without a job offer you can get SOWP
• Work experience in Canada creates a road to PR
• Helping your partner with your company
• Possibility of accepting any employment offer inside Canada

The SOWP's validity correlates with that of your partner's Canadian work permit or study visa, you are able to work during your partner's stay in Canada and provide for them while earning more money to improve your financial situation. Only as long as the main applicant's permit (sponsor) is valid may a spouse receive an open work permit. It won't be issued past the expiration date of the applicant's passport if it is about to expire.

Yes, you may extend your spouse's open work visa before the existing one expires after 45 days. However, the Spousal Open Work Visa (SOWP) is completely dependent on the validity of the partner's study or work permit in Canada, thus it is essential to be aware of the validity period. A SOWP is dependent on the spouse's study or work permit. The dependent is also known as the 'lead applicant' and is only effective while that permit is still in operation. You will have to renew depending on your spouse's permit if your SOWP expires.

Candidates seeking spouse open work permits (SOWP) should be able to show that they possess enough money to cover their stay in Canada. An application may be rejected if an officer is not confident that the candidate would be able to sustain themselves while staying in Canada.

Canada SOWP Proof of funds can be shown in two modes:

Mode 1:

a) Applying SOWP along with a spouse study visa Under SDS

When applying for a Canada study visa under SDS, a student is required to have a GIC certificate with a deposit of CAD$ 10,000.

If you intend or prefer to bring in your dependents to Canada the proof of funds for SOWP can be shown as follows:

Mode 2:

a) Applying SOWP along with spouse study visa Under Non - SDS

(GIC is not mandatory. However, you can show your funds in GIC format even if you apply under Non-SDS)

In the event of applying for a Canada study visa under Non- SDS, it is essential to have sufficient proof of funds to take care of your stay in Canada. If you intend or prefer to bring in your dependents to Canada the proof of funds for SOWP can be shown as follows:

Mode 2:

b)Applying SOWP as a separate application

In the event of applying for a Canada SOWP separately or your spouse is already in Canada under a study visa and you are looking for a Canada SOWP visa.

The proof of funds for Canada SOWP can be shown as follows:

Note: The funds are to show only in SOWP applicant's Bank account

Savings

Fixed deposit

Provident fund

Gift deed from parents

GIC (possible & accepted only when applied with study visa application)

Shares & Bonds

A detailed statement of the last 3 to 6 months is required. The account bank statement must be provided as a document.

How can I convert my SOWP Visa to PR Visa?

It's also an excellent method to get a permanent residency (PR) visa for Canada to get a spouse's open work permit. It enables you to get legal job experience that may be utilized to boost your score for the immigration programmes for permanent residence.

What happens if my SOWP Visa application is rejected?

You could be qualified to re-apply if your spouse's open work visa is rejected. One must re-apply only if you have new information or documents to address the basis for the rejection.

What are the major rejection reasons for Canada SOWP Visa?

An open work permit for a spouse could be rejected for several reasons. Some of the major reasons for a SOWP rejection are given below:

1. Weak links or connection to one's country of origin
   The officer must be convinced that you will depart by the end of your permitted stay when you apply for temporary status in Canada. This makes it crucial to provide evidence of any connections that might have with your native country. The application may also be rejected unless the officer is not certain that you will depart Canada by the expiration of your visa.
   
2. The primary applicant resides outside of Canada
   To be eligible to apply for a spousal open work visa, your spouse must be residing legally in Canada. The denial of your application can be because your spouse resides outside of Canada.
3. Lacking proof of funds
   Your application can be rejected if the officer looking into your case isn't confident that neither you nor the spouse will have adequate money to finance your stay in Canada. This is why it's imperative to include financial records with your candidacy that will prove the officer of your financial steadiness.
4. Lack of evidence for a sincere connection
   It's essential to offer enough evidence of your sincere relationship with your common-law partner or spouse because the spousal open work visa is dependent on that relationship. The visa officer may refuse your application if they aren't convinced that your connection is sincere.
5. Absence of employment certification
   It is necessary to show proof of your spouse's job in Canada if you are requesting a SOWP relying on that work.
6. There is no proof that your spouse is a DLI student
   You must show appropriate proof that your spouse is enrolled in classes at a Canadian Designated Learning Institute (DLI) when you are seeking a SOWP as the spouse of a student. A rejection could occur if this paperwork is not included.

After you have been granted a spousal open work permit, your permission will not be cancelled if you and your partner are separated or your common-law relationship terminates. However, you must notify IRCC of your revised relationship status because you will no longer be qualified for a SOWP if your relationship has ended while your candidacy is still being processed.

After getting married, there is no set time frame that a candidate must wait before submitting an application for a visa.

Yes, GreenTree Immigration is one of the best ICCRC consultants to handle SOWP. GreenTree Immigration has top-notch immigration-related services such as SOWP, Dependent PR visa, visitor visa and many more solution-oriented services. We would proudly register that we have never faced rejections to date. On the other hand, we are known to handle previous rejections for a successful outcome. Yes, our prime and leading consultants aid and assist you to obtain your SOWP visa as soon as possible with their timely follow-up calls and providing details.