Should You Apply For A Spousal Open Work Permit Inside Or Outside Canada?
A Spousal Open Work Permit (SOWP) application can be submitted from either inside or outside Canada, and the process differs depending on where it is filed. When applying from outside Canada, approval usually comes as a Port of Entry (POE) Letter of Introduction, and the work permit is issued by a border officer upon entry to Canada. When applying from inside Canada, the decision appears in the applicant’s IRCC online account, and the physical work permit is typically mailed to the Canadian address provided. Travel during processing may affect applicants who rely on maintained status, particularly if they leave and re-enter Canada.
Applying From Inside Canada
If the spouse or common-law partner is already in Canada and eligible to apply from within Canada, this pathway allows them to remain in Canada during processing.
In some cases, applicants may still need to apply for an open work permit from inside Canada using the process IRCC specifies for their situation.
Travel warning (maintained status): If an applicant applies from inside Canada and has maintained status (formerly called implied status), they must be cautious about travel. You can generally keep working under maintained status only if you remain in Canada. If they leave Canada while on maintained status as a worker, they lose their authorization to work when they return and cannot work again until the application is approved. If the application is for an in-Canada SOWP extension, the same maintained status and travel considerations still apply.
Flagpoling: Since December 23, 2024 (11:59 pm ET), border officers no longer issue work or study permits to people who “flagpole” at a port of entry, with limited exceptions. Most applicants should apply online (or use the application method IRCC specifies for their situation). Note that this does not mean nobody can ever apply at a port of entry—some people may still be eligible to apply when entering Canada, depending on their circumstances. Applicants should also confirm whether any SOWP new rules in effect on January 21, 2025, affect how or where they can apply.
When approved, the decision appears in the applicant’s online IRCC account, and the physical work permit is typically mailed to the Canadian address provided. In most cases, there is no need to leave Canada to receive the permit.
Applying From Outside Canada
This option is common when the principal applicant is in Canada and the spouse or partner is living abroad or prefers to receive approval before traveling to Canada. Applicants should review the personalized spousal open work permit document checklist in their IRCC account before submitting the application from outside Canada.
This outside-Canada process is separate from other work permit pathways that may be available to applicants who also plan to apply for permanent residence.
Spouse open work permit processing times vary depending on the applicant’s country of residence and the type of application submitted, so it is important to check the current IRCC processing times before making travel plans.
If the applicant wishes to travel to Canada while the SOWP application is being processed, they must qualify to enter Canada as a spouse on visitor status (for example, by obtaining a Temporary Resident Visa (TRV) or using an eTA, if eligible). They must maintain valid visitor status and cannot work until the work permit is officially issued.
If a dependent child is traveling with the applicant, separate entry or status requirements may also apply. Family members traveling with the applicant may also need to meet separate entry or document requirements, depending on their status.
Depending on the applicant’s situation, officers may also expect evidence of available funds for the Spousal Open Work Permit application, including funds to cover travel, living expenses, or the initial period in Canada, especially when the applicant is seeking entry as a visitor while the work permit application is still in process.
If the work permit application is approved, IRCC typically issues a Port of Entry (POE) Letter of Introduction. This letter is not the work permit itself. The actual work permit is normally printed and issued by a border officer when the applicant enters Canada. Final issuance is always subject to the discretion of the Canada Border Services Agency (CBSA). If a temporary resident visa (TRV) is required, IRCC may also request the applicant’s passport to issue the visa before travel.
Important (being in Canada when approved): If the applicant is in Canada as a visitor when the POE letter of introduction is issued, it may be necessary to leave Canada and re-enter to have the work permit issued. According to IRCC guidance, re-entering from the United States or Saint-Pierre-et-Miquelon does not activate the POE letter, so travel plans should be considered carefully before leaving Canada.
If the SOWP application is refused, the refusal letter usually explains the officer’s concerns, and the next steps depend on the specific refusal reasons and the applicant’s circumstances.
