Understanding Sponsorship of Spouses or Common-Law Partners (FC and SCLPC)
Canadian citizens or permanent residents have the option to sponsor their spouses or common-law partners, with the aim of helping them obtain permanent residency in Canada. There are two main sponsorship options to consider:
| Sponsorship Option | Description |
|---|---|
| Family Class (FC) Sponsorship | This is the outside-Canada sponsorship option for spouses or common-law partners. |
| Spouse or Common-Law Partner in Canada (SCLPC) | This option is for spouses or common-law partners who are already cohabiting in Canada. It’s important to note that this option is not available for conjugal partners and does not provide the right to appeal. |
For those unfamiliar with these two options, it’s essential to understand that SCLPC is exclusively available to spouses or common-law partners who are living together in Canada. However, this option is not open to conjugal partners and does not grant the right to appeal.
A Work Permit for Spousal Sponsorship Applicants
Previously, IRCC (Immigration, Refugees, and Citizenship Canada) issued work permits for inland spousal applicants through a pilot program, which concluded on May 9, 2023. This program allowed applicants to apply for a work permit after their application had been approved in principle by an immigration officer. It was applicable to inland applicants only and did not cover those applying from outside Canada. However, after the pilot ended, IRCC introduced a new policy on May 26, 2023, which allows applicants to apply for a work permit as soon as they submit a complete application, including both inland (SCLPC) and outside Canada (FC) applications, as well as dependent children of the principal applicant.
Eligibility Requirements for the Work Permit
To be eligible for this work permit, you must meet the following requirements:
- You have submitted a complete spousal/common-law partner sponsorship application, either as the principal applicant or as a dependent child.
- The work permit applicant is physically present in Canada under one of the following conditions:
- Holding a valid temporary status.
- Maintaining status.
- Having submitted a Restoration of Status application within the required timeframe.
- You were residing at the same address as the sponsor at the time of the work permit application.
- Submit the work permit application through the IRCC Secure Online Account.
Who Is Not Eligible to Apply
There are individuals who are not eligible to apply for this work permit, including:
- Applicants whose IRCC permanent residence application under the SCLPC or FC option has been refused, withdrawn, or returned.
- Applicants with a pending permanent residence application under the spousal public policy who do not have valid temporary resident status. They must wait for their application to receive approval in principle before applying for an open work permit.
- Foreign nationals who have applied for a work permit as part of their permanent resident application through the Permanent Residence Portal.
- Applicants who apply at a Canadian port of entry.
Other Circumstances
In cases where there is no active FC or SCLPC application, there are alternative options to apply for a work permit in Canada. Some examples include:
- Spouses of international students in Canada may qualify for an open work permit under the International Mobility Program (IMP) C42.
- Spouses of foreign workers in Canada may be eligible for an open work permit under one of the existing programs, such as IMP C41.
- If the spouse’s partner has applied for or already received a Bridging Open Work Permit (BOWP), the applicant may qualify for a work permit under IMP C49.
In other unique circumstances, applicants may need to explore different avenues to work in Canada, such as working without a permit, obtaining a Labor Market Impact Assessment (LMIA), or applying for a work permit without an LMIA. Certain individuals may qualify for a work permit due to specific conditions, such as holding a Temporary Resident Permit (TRP) valid for more than six months or being subject to an unenforceable removal order, among other possibilities.
