CANADIAN IMMIGRATION: SPOUSAL WORK VISAS (SPOUSAL WORK PERMITS)

BACKGROUND

A Spousal Work Permit is a work visa or Work Permit which may be issued to the spouse of a foreign national who holds a Work Permit, or who is in Canada performing Work Permit Exempt Activities.

Under Canadian immigration law, the term “spouse” means a husband, wife or common law partner, and includes same sex partners who were lawfully married in Canada, or in a foreign jurisdiction which recognizes same sex marriages.

ELIGIBILITY

In order for a Spousal Work Permit to be issued, the following requirements must be met:

1. The Principal Applicant (i.e., the other spouse) must hold a Work Permit valid for not less than six months, or be in Canada performing Work Permit Exempt Activities for a period of not less than six months.
2. The Principal Applicant must be doing work in Canada which is listed in Skill Type 0 or Skill Level A or B of the Canadian National Occupational Classification (NOC). The NOC is a comprehensive system used for classifying occupations in Canada. The NOC lists over 500 occupational groups and more than 30,000 job titles. Generally speaking, positions at Skill Type 0, or Skill Levels A or B refer to executive, management, professional and specialized knowledge occupations, or technical and skilled trades occupations which require a degree, college education or apprenticeship training.
3. The spouse must meet the usual requirements applicable to Temporary Residents.

VISA OPTIONS

There are two types of Spousal Work Permits.

Open/Unrestricted. This authorizes the spouse to engage in any type of work in Canada without restriction. In order to obtain this, the Spousal Applicant will be required to undergo a Canadian Immigration Medical Examination.

Open/Restricted. This authorizes the spouse to engage in any type of work in Canada except work where the protection of public health is deemed essential. Examples of this include: health care, child care, primary and secondary school teaching, domestic servant, live-in care giver, or occupations involving the preparation of food. A Canadian Immigration Medical Examination will not be required since this category prohibits employment in public health-related occupations.

VISA PROCESSING

Applications for Spousal Work Permits may be processed in a number of different ways:

At the same time as the Principal Applicant’s Work Permit application. In this case, both applications will be processed at the same time and at the same location. In the case of Principal Applicants who are US citizens, US permanent residents or Visa Exempt Foreign Nationals, the applications may be processed either at the Canadian visa office outside of Canada which serves the Principal Applicant's country of habitual residence or citizenship, or at the Canadian port of entry. In all other cases, the Principal Applicant will be required to obtain a Temporary Resident Visa to travel to Canada and the applications will be processed at the Canadian visa office outside of Canada which serves the Principal Applicant's country of habitual residence or citizenship.

After the Principal Applicant’s Work Permit has been issued. Spousal Work Permit applications may also be made from within Canada at any time after the Principal Applicant’s Work Permit has been issued. This will frequently occur where a non-working spouse subsequently decides to take up work after arriving in Canada.

DURATION AND RENEWAL

Spousal Work Permits will normally be issued for the same period of time that the Principal Applicant’s Work Permit is valid for. If the Principal Applicant’s Work Permit is renewed the Spousal Work Permit may also be renewed for the same duration. Subject to these considerations, there is no maximum time cap and no limitation on the number of times that a Spousal Work Permit may be renewed.

STRATEGIC CONSIDERATIONS

• Spousal Work Permits are considered to be Confirmation Exempt Work Permits. This means that there is no need to engage in the complex and time-consuming task of applying for and obtaining a Labour Market Opinion from the Department of Human Resources and Skills Development.
• No job offer is required to obtain a Spousal Work Permit.
• Spousal Work Permits may be issued to spouses who are in traditional married relationships with the Principal Applicant. They may also be issued to spouses who are in common law or same-sex relationships with the Principal Applicant.
• The Principal Applicant and the spouse may both apply for and obtain their Work Permits at the same time so that the spouse can start work immediately after arriving in Canada.
• Eligible spouses may apply for a Spousal Work Permit from within Canada after arriving in Canada. There is no need to leave Canada, or to make the application from outside of Canada.

  READ MORE . . . about Temporary Resident Visas about Work Permit Exempt Activities about Work Permits about Confirmation Exempt Work Permits about Penalties for Failing to Obtain a Work Permit about Student Visas about Canadian Immigration Medical Examinations

  Disclaimer: The information contained on this site is intended to educate members of the public generally and is not intended to provide legal or professional advice or solutions to individual problems. If you require legal advice or assistance, you should consult a Gaertner Tobin LLP lawyer at info@GTLLP.com.