Spousal Open Work Permit application guide

All common questions to the situation of an IEC participant > here < 

How can I apply for the spousal open work permit?

There are two options to apply for the spousal open work permit. 

  • Online either from outside Canada or from inside Canada
  • At the airport when you fly to Canada together from an international destination

Can I apply for the Spousal Open Work Permit at the US border via flagpoling?

Unfortunately this is not an option anymore. The Canadian government ended flagpoling for new work permits on December 24, 2024. The announcement can be found > here <. From within Canada you must apply online. 

Option 1: Apply online (as a partner of an IEC participant)

The partner who needs the spousal open work permit must do all of those steps.

  • Register for the GCKey account >>here<< under “Don’t have an account?”
  • If you still have a GCKey account from another application, you can use the same one.
  • Start the application under the link “Apply to come to Canada” 
  • You do not have a Personal Reference Code. Click the button “Visitor visa, study and/or work permit”
  • Answer all the questions in the questionnaire. 
  • In the questionnaire there is a question that you must answer with “yes”. 
  • After you completed the questionnaire the system should show an “Open work permit” as a result.  
  • Click “Continue” and answer additional questions. 
  • The system then generates the Documents overview.
  • Fill out and upload the necessary documents in the Documents Checklist
  • If you have trouble downloading the IMM 5710 form, check the solutions suggested >> here << one of them will work. 
  • In the IMM 5710 form you select this option. 
  • If you are married: The document checklist will have a spot to upload the marriage certificate. This must be in English or French. If it is not, it must be translated into English or French. The original + translation must be provided
  • If you are not married: Form IMM 5409 “Statutory Declaration of Common-Law” must be uploaded. The latest version is available for download in the GCKey account under the document overview. 
  • You can also download it >> here << from the official government website. 
  • If you have trouble downloading the IMM form, check the solutions suggested >> here << you will see one of them will work. 
  • You have to fill out this form and have it signed by a notary. Google a notary office in your city. Some police stations and registries in Canada have a “Commissioner of Oaths” who do the same.
  • Under “Family Member Proof of Status (required)” you must upload your partner’s work permit, which must be valid for at least another 16 months from the date of the application.  

You must provide the following additional document:

If it is more than one page, merge all those pages into one PDF (with PDFMerge) and upload that PDF into the “Client Information” spot:

  • A letter from the partner’s current employer confirming that they are working there. The letter should include
    • the employment details
    • the occupation
    • a description of the duties
    • the NOC or TEER category the job is classified under 
  • or a copy of the employment contract, with a description of the tasks in the TEER category 
  • After you uploaded all documents, you will pay the fees in the next step: 
    • work permit fee ($155) + open work permit holder fee ($100) 
  • If you have never given biometrics, you will also pay a $85 biometrics fee. This will show in the fees section. 

After the work permit is approved, do I need to activate it?

The good thing is, you do not need to go to a border to activate it. The nice and shiny colourful work permit will be sent to the Canadian address provided in the application. Note, it will not be sent to international addresses. 

How long will the spousal open work permit be valid for?

The spousal open work permit is connected to the partner’s work permit. So if your partner has a 2-year work permit, you will also get an open work permit of 2 years. 

However, the work permit cannot be issued past the expiry of your passport. In other words, if your passport is only valid for another 12 months, you will get an open work permit for 12 months. 

Also, a very important information from IRCC: The work permit cannot be issued past the expiry of the biometrics validity. Even if your biometrics are still valid, you can choose to give them again so your work permit is valid for a longer period of time.

Therefore, it is important to find out if your biometrics are still valid and when they expire with the Check status tool. 

What do I do if my biometrics expire soon?

If your biometrics are due to expire soon or during your spousal open work permit, follow these steps:

  1. Pay the biometrics fee when you apply. In the application say ‘no’ to the question if you gave biometrics. The $85 biometrics fee should be listed under all the other fees. 
  2. If the $85 don’t show up in the fee overview, pay the fee > here < and upload proof of payment into the “Client Information” Spot in the application with a short note, that you would like to give biometrics again. 
  3. Submit your work permit application. 
  4. Wait for your biometric instruction letter (BIL). 
  5. Follow the instructions on your new BIL to book an appointment to give your biometrics again.

Option 2: Apply at the port of entry together

You can apply at the immigration office when you fly into Canada from an international destination.

If you apply for the spousal open work permit at the airport, both partners must be present and you must have all the documents with you.

  • Proof of the 12 months common law partnership or translated marriage certificate
  • a letter from the partner’s current employer confirming that they are working there 
  • or a copy of the employment contract, with a description of the tasks in the TEER category
  • Application for the work permit form IMM 1295E >PDF Download< directly from the government homepage.
  • The work permit fees are paid at the port of entry:
    • work permit fee ($155)
    • open work permit holder fee ($100)
  • If you have never given biometrics, you will also pay a $85 biometrics fee and give the biometrics right there at the border.
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