Your spouse is in Canada. The sponsorship application has been filed. Now comes the waiting, and the practical question of what they are allowed to do in the meantime. Can they work? Can they study? Do they just have to sit and wait?
The answer depends on which stream the application is in, what status your spouse currently holds, and which type of activity you are asking about. Here is the full picture.
The Inland Stream and What It Allows
For inland sponsorship applicants, the most significant practical benefit during processing is the Spousal Open Work Permit. This is a work permit specifically available to sponsored spouses and common-law partners who are in Canada under an inland application.
The SOWP is an open permit, meaning the holder can work for any employer in Canada, in any occupation, without needing a specific job offer and without requiring a Labour Market Impact Assessment. It is one of the most flexible work authorisations in the Canadian system.
How to Get the Spousal Open Work Permit
The SOWP cannot be applied for until the Acknowledgement of Receipt has been issued for the inland sponsorship application. The AOR confirms that the application has been received, reviewed for completeness, and accepted for processing.
Once the AOR is in hand, the SOWP application can be submitted. It is a separate application from the PR application itself. As of 2026, IRCC processes SOWP applications under a priority framework that aims to reduce waiting times for sponsored spouses.
The SOWP application typically includes:
- A copy of the AOR for the inland sponsorship application
- A copy of the sponsor’s permanent residence card or citizenship document
- Proof of the relationship between the sponsor and the applicant
- The applicant’s current immigration documents confirming their status in Canada
What Happens If the Spouse’s Current Status Expires Before the SOWP Arrives?
This is one of the most important timing issues in inland sponsorship. If your spouse’s current status, whether a visitor record, study permit, or work permit, expires after the inland sponsorship AOR has been issued but before the SOWP is approved, they may be able to rely on implied status.
Implied status is a provision in Canadian immigration law that allows a person to remain in Canada after their status expires if they applied to extend or change their status before the expiry date and the new application is still pending. A SOWP application submitted while the spouse’s current status is still valid may allow them to remain in Canada on implied status while the SOWP is processed.
The key condition is that the SOWP application must be submitted before the existing status expires, not after. Acting early is essential. If the current status expires without an extension or change of status application in place, the spouse is no longer in lawful status in Canada, which creates a serious problem for the inland application.
Can the Spouse Study During the Wait?
Whether a spouse can study during the inland processing period depends on their current status:
If they hold a valid study permit, they can continue their studies as permitted under that permit.
If they hold a visitor record or are in Canada as a visitor, they are generally limited to short courses that are not more than six months in duration. Longer academic programs require a study permit.
If they hold an SOWP, the open work permit does not automatically authorise study in a full-time program. A separate study permit may still be required for longer academic programs.
Studying in Canada without the appropriate authorisation can create status complications. If studying is a priority for your spouse during the waiting period, get advice on the correct authorisation pathway before they enrol.
What About Outland Applicants?
The SOWP is only available to inland applicants. A spouse who is outside Canada processing through the outland stream cannot obtain a work permit in Canada solely on the basis of the pending sponsorship application.
If an outland applicant wants to work in Canada during the processing period, they would need a separate, independent basis for a work permit. This typically means a Canadian job offer leading to an employer-specific work permit, or eligibility under a specific open work permit program such as the International Experience Canada program for eligible nationalities.
An outland applicant who visits Canada on a visitor visa during processing is not authorised to work during that visit, regardless of the pending sponsorship.
What Is Implied Status and How Does It Work in Practice?
Implied status is not a document. There is no card or certificate that says implied status. It is a legal condition that exists when a person has applied to extend or change their status before the current status expired and the new application is still in process.
A person on implied status is legally authorised to remain in Canada. They can continue any activities that were permitted under their previous status. If they previously held a work permit, they can continue working. If they held a study permit, they can continue studying. They cannot exceed the permissions of the previous status on the basis of implied status alone.
Implied status ends when the new application is decided. At that point, the person either has the new status or does not. If the new application is refused while on implied status, the person must make plans to leave Canada promptly.
FAQ
My spouse just received the AOR. How quickly should we apply for the SOWP?
Apply for the SOWP as soon as the AOR is received. There is no benefit to waiting. The processing time for the SOWP means the sooner it is applied for, the sooner it will be issued. If your spouse’s current status has limited time remaining, applying for the SOWP immediately after the AOR is a matter of some urgency.
Can my spouse work while their SOWP application is being processed?
If your spouse has a valid existing work permit when the SOWP application is submitted, they can continue working under the existing permit until it expires. After it expires, if the SOWP has not yet been issued, they may be able to continue working under implied status if the SOWP application was submitted before the original work permit expired. If they did not hold a work permit previously, they cannot work while the SOWP application is pending unless they have another valid authorisation.
My spouse has a job offer from a Canadian employer. Should they pursue a work permit through that offer rather than waiting for the SOWP?
If your spouse has a job offer and the employer is willing to support a work permit application, an employer-specific work permit may provide authorisation to work sooner than the SOWP in some cases. However, the SOWP is an open permit and provides significantly more flexibility once issued. Whether to pursue the employer route, the SOWP route, or both depends on the specific timeline, the employer’s willingness to go through the process, and how urgently your spouse needs to start working. Professional advice on the two pathways side by side is worthwhile.
