August 31, 2020

A pilot or an experimental program introduced by Canada, allows spouses and common-law partners of Canadians or Permanent Residents to be granted an open work permit while their inland sponsorship application for permanent residence is under process.

The program began in December 2014, and was set to expire on July 31 after its most recent extension. Instead of setting another expiry date, Canada is now extending the program until the regulatory changes have been completed to implement the pilot as permanent policy.

Immigration, Refugees, and Citizenship Canada (IRCC) has recently said that family reunification is a “core immigration priority for the Government of Canada.”

The OWPP applies to inland spousal and common-law sponsorship applicants. Inland sponsorship is for couples who are already living together in Canada. The partner who is applying for immigration needs to already have temporary status in Canada as either a worker, student, or visitor.

The foreign partners of Canadians can apply for the open work permit any time after they have applied for permanent residence through family-class sponsorship.

Open work permit allows foreign workers to work for any employer in Canada so long as they meet the occupation’s qualifications.

In order to be eligible for an OWPP, immigration candidates need to meet the given criteria:

  • submit a permanent residence application under the Spouse Common-Law Partner Class;
  • have a Canadian citizen or permanent resident spouse or common-law partner who has submitted a sponsorship application on their behalf;
  • live at the same address as their sponsor; and
  • have a valid temporary resident status in Canada, or an approved application for restoration status with authorization to work.

People applying under the OWPP can submit the work permit application at the same time as their application for permanent residence. Applicants can also submit the application for the OWPP separately, if they have already submitted their application for permanent residence.

Applicants can apply for OWPP online, if they have already received approval in principle on their permanent residence application. Approval in principle (AIP) means the spouse or partner has received a letter from IRCC, stating that they meet the permanent residence eligibility requirements, but they have not yet passed the medical, security and background checks.

People who already have the OWPP must apply to extend their permits before they expire!

Want to know more? Visit www.canadaspousevisa.ca

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August 22, 2020

Canadians are of the opinion that the special measures taken by IRCC to reunite families during the COVID-19 pandemic are not sufficient. Canadians who have got separated from their foreign national life-partners for a longer duration of time are urging the federal government to take action.

The pandemic is depicting issues in the spousal and common law sponsorship program which was in place earlier. Temporary Resident Visas (TRV) are generally not granted because spousal sponsorship applicants from visa required nations need to prove that they would not stay in Canada if their validity terms gets over and if their PR application isn’t finalized.

Despite of foreign spouses of Canadians being exempted from travel restrictions, the epidemic is still giving a hard time to the couples. Biometric centers are closed across the globe or being operated at a decreased capacity, deeming the processing to be slower than before. Also, foreign fiancé isn’t exempted from travel restrictions and IRCC refrains from recognizing virtual marriages for immigration purposes.

Protests in cities of Edmonton, Ottawa, Montreal, Toronto, and Vancouver have been observed. A petition by Jenny Kwan, Member of Parliament, got approximately 5700 signatures in support of the initiation of a Special Temporary Resident Visa in order to enable spouses & their children to come together with their Canadian partners.

The immigration minister reverted to Kwan’s letter this week saying that corona virus pandemic has created service disruptions within the government, and hence they are still functioning on reduced capacity.

Foreign spouses with TRV applications in process can also get in touch with IRCC to identify themselves as being exempted from travel restrictions.

Kwan posted the minister’s letter on Facebook saying, “The current process is clearly insufficient and is preventing spouses from reuniting in a timely manner. This is made evident from the protests that took place in Vancouver and across the country this past weekend, the strong support for the petition that I have sponsored and the countless emails I’ve been receiving from constituents and people from across the country.”

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