Are you coming to Canada on a Working Holiday Permit (WHP)? Wondering if your spouse or common-law partner can join you? While the instructions on Immigration, Refugees and Citizenship Canada’s (IRCC) website say you cannot be accompanied by your spouse or common-law partner, we’re here to tell you there is a way they can obtain an open work permit based on your employment in Canada
Here’s how it can be done:
Understanding the Working Holiday Permit
A Working Holiday Permit (WHP) allows you to work and travel in Canada for a set period. It’s a great opportunity to experience Canada while earning money. However, this permit has specific restrictions, including the rule that you cannot be accompanied by your spouse or common-law partner initially. This means you cannot apply for work permits at the same time.
You must apply for your WHP first, gain work experience in Canada, then your spouse/common-law partner can apply for an work permit.
How Your Spouse or Common-Law Partner Can Join You
Though your spouse or common-law partner cannot come with you right away, they can still join you later through an Open Work Permit.
Here’s the step-by-step process:
- Arrive in Canada: Come to Canada and activate your work permit before your Letter of Introduction (LOI) expires.
- Find a job: You need to find a job that is considered a skilled occupation according to IRCC’s requirements.
- Work in a Skilled Job: Your job must fall under one of the following National Occupational Classification (NOC) categories:
- TEER 0: Management jobs
- TEER 1: Professional jobs
- TEER 2 and 3: Technical jobs and skilled trades
- Gather proof of skilled employment: Work in your skilled job and collect proof that you are employed in a skilled job (we recommend you have at least three pay stubs). These pay stubs will serve as proof of your employment and income in Canada. Note that the job doesn’t need to be full-time; part-time work also qualifies.
- Check Your Work Permit Validity: Ensure that your Working Holiday Permit is valid for at least six months at the time your spouse or common-law partner applies for their Open Work Permit.
- Proof of Relationship: Prepare documents that prove your relationship, such as a marriage certificate for spouses or proof of cohabitation for common-law partners.
- Apply for an Open Work Permit: Your spouse or common-law partner can now apply for an Open Work Permit. This permit will allow them to work for any employer in Canada without needing a job offer beforehand.
- Continue working: You must be employed in a skilled occupation when your spouse or common-law partner applies for their open work permit and when IRCC is finalizing the application.
Key Considerations
- Job Verification: Ensure your job is classified under TEER 0, 1, 2, or 3 by consulting the NOC list on the IRCC website.
- Documentation: The onus is on you to prove you’re employed in a skilled job in Canada and you’re in a qualifying relationship.
TL;DR
If you have a Working Holiday Permit, your spouse or common-law partner is eligible to apply for an open work permit if you’re working in a skilled job in Canada and show proof of employment.
Written on August 3, 2024 by Brooke Finlay
Yes, they can apply for an Open Work Permit after you have started working in a skilled job in Canada and have accumulated three pay stubs.
Yes, they can enter Canada as a visitor and then apply for an Open Work Permit from within Canada.
No. The work permit remains valid until the expiry date stated on the permit.
Thinking about applying for a work permit but not sure where to start?
Check out our article on "How Can I Get a Canadian Work Permit"!
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