Pilot program "Open work permit for permanent residence applicants under the spouse or common-l
Immigration, Refugees and citizenship Canada (IRCC) announced that the duration of the pilot program "open work permit for permanent residence applicants under the spouse or common-law partner in Canada class" was extended to January 31, 2019.
Applicants qualifying for the pilot program no longer have to wait until first stage approval is complete before applying for an open work permit. Under the pilot program, applicants may apply for an open work permit along with, or any time after, the submission of their application for permanent residence under the spouse or common-law partner in Canada class.
The following are eligibility requirements for the open work permit under the pilot program:
a permanent residence application has been submitted under the spouse or common-law partner in Canada class and has been received for processing or is currently being processed by IRCC;
a sponsorship application has been submitted on their behalf by a Canadian citizen or permanent resident spouse;
the spouse or common-law partner in Canada class applicant resides at the same address as the sponsor;
the spouse or common-law partner in Canada class applicant has valid temporary resident status (visitor/student/worker), or is eligible to for the restoration of their temporary resident status and has submitted the restoration application along with their application for permanent residence.
As IRCC indicates, temporary resident status is maintained through an application for an extension of authorized stay before the expiry of their present status and during implied status.
The following foreign nationals do not qualify for the open work permit pilot program:
applicants who have applied for permanent residence under the spouse or common-law partner in Canada class and have been refused, or have withdrawn their application before submitting the open work permit application;
applicants whose application for permanent residence is being processed under the spousal public policy on the basis that they do not have a valid temporary resident status; these applicants have to wait until they receive approval in principle to be eligible to apply for an open work permit;
applicants who have applied as members of the overseas family sponsorship class, including those living in Canada;
applicants applying for the work permit pilot program at a port of entry.
If there is information that an applicant is inadmissible, their application for an open work permit will be placed on hold until a decision is made regarding their permanent residence application and the inadmissibility.