A foreign national who is in Canada and is being sponsored by their Canadian citizen or permanent resident spouse or common-law partner for permanent residence under the Spouse or Common-Law Partner in Canada (SCLPC) class is eligible for an open work permit (OWP) while their PR application is being processed.

The OWP allows the sponsored person to work in Canada for any employer without an LMIA and without restriction to a specific job or employer, so they can support themselves during what can be a lengthy processing period. The OWP is not automatic — it must be applied for separately, and can generally only be applied for after the Acknowledgement of Receipt (AOR) has been issued for the PR application.

• IRPR reg 205(c)(ii) — open work permits for persons whose removal has been ordered deferred or who are subject to a sponsorship application under the family class
• IRCC: Inland spousal sponsorship — open work permit — canada.ca/sclpc-owp
• IRCC: Sponsor your spouse, partner or child — canada.ca/spousal-partner-sponsorship

The SCLPC class — inland sponsorship

The SCLPC class is the inland (in-Canada) spousal sponsorship stream — it is for sponsored persons who are already in Canada and wish to remain in Canada while their PR application is processed. It is distinct from the outland spousal sponsorship stream, where the sponsored person applies from outside Canada. Under the SCLPC class, both the sponsorship application and the PR application are submitted together and processed by IRCC.

The Acknowledgement of Receipt (AOR)

Once IRCC receives the SCLPC application package and confirms it is complete, it issues an Acknowledgement of Receipt (AOR). The AOR is the trigger for OWP eligibility in the standard pathway — it confirms that the application has been received, that it is complete, and that it is being processed.

After receiving the AOR, the sponsored person can apply for an open work permit online through their IRCC secure account. The OWP application is submitted as a separate application from the PR application. For current processing times for the OWP, refer to the IRCC processing times tool.

Urgent pathway — expiring status

The standard OWP pathway requires the AOR first. However, there is an urgent pathway for sponsored persons whose temporary resident status (work permit, study permit, or visitor record) is expiring imminently. If:

• The temporary resident status expires within 2 weeks or less, and
• The sponsored person has already filed the SCLPC PR application

…then the sponsored person may apply for a work permit without waiting for the AOR. This prevents a situation where a sponsored person becomes without status due to processing delays. Evidence of the filed SCLPC application must be submitted with the urgent OWP application.

Maintained status and implied status

While waiting for a work permit to be processed, a sponsored person who was previously authorized to work in Canada and who has applied to extend or change their status may be able to continue working under implied status (also called maintained status) — the continued right to work under the same conditions as the expiring permit, while the new application is pending. This applies only if the OWP or other work permit renewal was applied for before the previous permit expired. Practitioners should advise clients to apply well before the expiry of any existing work permit.

Quebec considerations

For sponsored persons who intend to settle in Quebec, the Quebec provincial government (MIFI — Ministère de l'Immigration, de la Francisation et de l'Intégration) must also accept an undertaking from the sponsor. Quebec periodically imposes intake caps on spousal undertaking applications. The IRCC spousal sponsorship process and the OWP pathway apply federally — but the overall sponsorship cannot proceed without MIFI's undertaking acceptance for Quebec-destined applicants. Check the current MIFI intake status before advising Quebec-bound clients.

For current processing times for the SCLPC PR application and the OWP, refer to the IRCC processing times tool. Processing times change frequently and should not be relied on from unofficial or outdated sources.

The OWP for inland sponsored spouses is an open work permit — it does not restrict the holder to a specific employer or occupation. The sponsored person can work for any employer in Canada in any position while the OWP is valid.

If the sponsorship application is refused, the OWP may remain valid for its stated duration but does not itself confer a right to remain in Canada as a permanent resident. Any underlying temporary status issues should be addressed promptly with IRCC if the sponsorship application does not proceed.