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:
|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.
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.
To be eligible for this work permit, you must meet the following requirements:
There are individuals who are not eligible to apply for this work permit, including:
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:
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.