Spousal Open Work Permit While Waiting for PR: Who Can Apply in 2026?
Updated: Oct 26
The short answer: According to IRCC, a spouse or common-law partner who lives in Canada and is being sponsored for permanent residence may be able to apply for an open work permit while the PR application is processed. IRCC says the applicant needs an acknowledgement of receipt (AOR) for the PR application, valid temporary resident status, and a genuine relationship. They must also live with the sponsor. Rules and policies can change, so check IRCC's page before you apply.
Who can apply for the spousal open work permit?
IRCC's page on the open work permit for sponsored spouses says you can apply if you are a spouse, common-law partner or conjugal partner living in Canada who is being sponsored for permanent residence. An accompanying dependent child may also apply through the principal applicant.
The principal applicant must:
be in a genuine relationship with the sponsor
be included in a PR application and hold an AOR showing it is being processed
live in Canada with the sponsor
Dependent children must meet the same conditions through the principal applicant, and must live with the family member and the sponsor.
IRCC explains that the AOR is the letter the sponsor receives from IRCC, and the application number starts with "F".
Do you need valid status in Canada?
Yes, generally. IRCC says you must hold valid temporary resident status. That can mean one of the following:
a valid temporary resident permit
a valid visitor record, work permit or study permit
maintained status
you have applied for, and are eligible for, restoration of status as a visitor, worker or student
IRCC's public policy for these permits also lists living at the same residential address as the sponsor as a condition.
You cannot apply under this policy if your PR application has been refused, withdrawn or returned, or if you plan to apply for the work permit at a port of entry.
How do you apply?
IRCC's page sets out the steps. In short:
Sign in to or create your IRCC secure account and answer the questions to get your personalized document checklist.
Complete the work permit application form. IRCC tells applicants to choose "Open Work Permit" in the section on intended work, and to enter the job title and duties wording shown on its page.
Upload your AOR, proof of valid status, and the family information documents IRCC lists. These include the Family Information form (IMM 5707) and a marriage certificate, or the Statutory Declaration of Common-Law Union (IMM 5409).
Pay all applicable fees. IRCC's page does not list the amounts, so check the current IRCC fee list.
Submit the application and watch your account for updates.
Because forms and instructions can be updated, always follow the current IRCC page and your own checklist. Our guide to the documents checklist for spousal sponsorship explains the main PR package.
How does the policy work?
The open work permit for sponsored spouses runs under a public policy. This policy has been in place since 2023. It is separate from changes to open work permits for spouses of temporary workers and students. IRCC's public policy page says it covers principal applicants under both the Spouse or Common-Law Partner in Canada class and the Family Class, whose PR applications IRCC has accepted for processing. The minister signed that policy on February 9, 2023.
The policy exempts applicants from certain Regulations requirements (paragraphs 199(a) to (i)) that apply to work permit applications made after entering Canada. IRCC notes the policy "may be revoked at any time," and applicants must still pay fees and meet all other admissibility rules. If the policy's conditions are met, the permit can be issued for up to two years.
Older IRCC notices about earlier pilot programs have expired. Do not rely on them. Use the current page instead. The open work permit page we reviewed was last modified on 2026-04-17.
What if your status expires or you have no AOR?
This part is easy to get wrong.
If your status is still valid and you have an AOR: IRCC says to apply online through your account.
If you do not have valid status: IRCC says that if your PR application falls under the spousal public policy, you must wait for your approval in principle letter before you can apply. You cannot apply under another public policy or pilot program. IRCC says to apply on paper in this case, with a letter explaining why you cannot apply online and a copy of the approval in principle letter.
If you do not have an AOR yet: IRCC says you may apply without one only if your permit or status expires in two weeks or less, and you applied for PR under the in Canada class or the Family Class as a spouse, common-law or conjugal partner (sponsored overseas). You must then include proof that you applied for PR.
If you hold a work permit that allows you to work, you can keep working while you maintain worker status. People who applied for a temporary resident permit cannot maintain status. Otherwise do not start working until the open work permit is approved. IRCC says working without authorization is illegal. Our article on status while waiting goes deeper.
Can you extend the open work permit?
IRCC says you can apply for a further extension of up to two years under this policy if you received your AOR and your PR application is still being processed with no decision made. Apply before the permit expires.
Who does this affect?
Spouses and common-law partners in Canada with a sponsorship application in process
Dependent children included in the application
Sponsors planning household income while the case is processed
Couples comparing inland and outland routes
Partners whose visitor, student or work status is close to expiring
What should you do?
Check that your PR application is complete and that you have your AOR (or meet the narrow no-AOR exception).
Confirm your current status and its expiry date.
Confirm you and your sponsor live at the same address.
Read IRCC's current open work permit page before you start.
Get your personalized checklist from your IRCC account.
Gather your marriage certificate or common-law declaration and children's birth certificates.
Pay the fees and apply before your status runs out.
If your case has problems, speak to a licensed professional.
Frequently asked questions
Can I work while I wait for the open work permit decision?
IRCC's help centre says a sponsored spouse can work only if they have a work permit, and they must wait for the work permit to be approved before working. If you hold a work permit that allows you to work, you can keep working while you maintain worker status. People who applied for a temporary resident permit cannot maintain status.
Is the spousal open work permit guaranteed?
No. IRCC reviews each application and you must meet all the conditions. Nothing is guaranteed.
Does a sponsored spouse outside Canada qualify?
IRCC's page is for people already living in Canada. An overseas Family Class applicant cannot apply from abroad or at a port of entry. If they later enter Canada, for example as a visitor, they may be able to apply once in Canada, if they meet all the conditions. See outland sponsorship.
What if my PR application is refused?
IRCC says you cannot apply under this policy if your PR application has been refused, withdrawn or returned. Read about options after a refusal.
Does my sponsor need to do anything?
IRCC's after-you-apply page says a spouse or partner can apply once the sponsor received an AOR and they live together. The sponsor's PR application must be received and processing for you to get the AOR.
Key takeaways
IRCC says you generally need an AOR, valid status, a genuine relationship and the same address as your sponsor.
Applying without an AOR is only allowed in a narrow case where your status expires in two weeks or less.
Without valid status, IRCC says to wait for an approval in principle letter and apply on paper.
The program is a public policy that IRCC says can be revoked at any time, so check the current page.
Do not start working until the open work permit is approved, unless you already hold a work permit that allows it and you maintain worker status.
The bottom line
The open work permit can help a family while the PR application is processed, but it is not automatic. Watch your status dates, keep your AOR safe, and read the current IRCC page before you apply. A short review can help you avoid a gap in status.
Need help with a spousal open work permit? E-Pathway Immigration, led by Domonic Cheung, RCIC in Vancouver, can review your situation. Book a case review.
More spousal sponsorship guides: Spousal and common-law sponsorship in Vancouver · Spousal sponsorship guide hub
Last reviewed: October 2026
Sources: IRCC, Sponsor your spouse, partner or child: Optional: Open work permit in Canada, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html (last modified 2026-04-17); IRCC, Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the Family Class from work permit requirements, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/spousal-work-permit-exemption.html (last modified 2023-05-26); IRCC Help Centre, I'm sponsoring my spouse or common-law partner. Can they work while their application is being processed? https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1163&top=17 (last modified 2026-09-28); IRCC, Sponsor your spouse, partner or child: After you apply, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html (last modified 2026-07-28)
This article is for informational purposes only and does not constitute legal or immigration advice. Consult a licensed RCIC or immigration lawyer for your specific situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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