Public policy for spouse or common-law partner in Canada (SCLPC) class or family class applicants to apply in Canada [R205(a) – A74] – International Mobility Program (IMP)

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

In these instructions, “officers” refers to IRCC officers only, and not Canada Border Services Agency (CBSA) border services officers, as applications cannot be made at the port of entry.

The instructions on this page should be reviewed in conjunction with:

The pilot program in effect from December 22, 2014, until May 9, 2023, which allowed the issuance of open work permits to applicants in the spouse or common-law partner in Canada (SCLPC) class prior to first-stage approval, has ended. Pending applications that were received by IRCC and that have not been finalized by May 9, 2023, will be processed under the temporary public policy.

On May 10, 2023, a temporary public policy came into effect to facilitate the issuance of an open work permit to foreign nationals and their accompanying dependent children who are in Canada and have submitted a complete permanent residence application under the SCLPC class or in the family class. The public policy waives the requirements of section 199 of the Immigration and Refugee Protection Regulations (IRPR) (application after entry), authorizing certain visitors to apply for a work permit in Canada.

The department uses specific administrative codes to identify certain situations where it considers the work of a foreign national to create significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, as described in paragraph R205(a). The factors provided for each code demonstrate how the situation may meet the requirements of paragraph R205(a). Officers must also always be satisfied that all requirements of section R200 are met.

The administrative code under which the work of certain foreign nationals, remaining in Canada to reside with their sponsor, may create significant economic or social benefits is “A74”.

On this page


To be issued an open work permit under this public policy, the applicant must meet all of the following criteria at the time of decision on the work permit application.

The applicant must

  1. have submitted the application for an open work permit using the online IRCC Secure Account (referred to as MyAccount or the Authorized Paid Representative Portal) as per section R9.2
    1. Only applicants who meet the requirements of section R9.4 and section R9.5 may use the paper application form.
  2. be physically in Canada, and
    1. have valid temporary resident status, or
    2. have maintained their temporary resident status under subsection R183(5), or
    3. have applied for and be eligible for restoration of temporary resident status
  3. be included as a spouse or common-law partner in the SCLPC class, or as a spouse, common-law partner or conjugal partner in the family class, in a permanent residence application that has met the requirement of a complete application as per section R10, and the applicable ministerial instructions as either
    1. the principal applicant, or
    2. an accompanying dependent child of the principal applicant in a)
  4. be the subject of a sponsorship application submitted by a Canadian citizen or permanent resident as
    1. a spouse, common-law or conjugal partner
    2. an accompanying dependent child as per section R2 of the sponsored person in a)
  5. at the time of application, be residing at the same residential address in Canada as
    1. the sponsor, if a principal applicant
    2. the sponsor and principal applicant, if an accompanying dependent child

Note: For eligible dependent children, the principal applicant (the spouse, common-law or conjugal partner) must meet the eligibility requirements indicated above in 2, 3.a) and 4.a) at the time of work permit application assessment.

The following foreign nationals are not eligible under this exemption category:

  • applicants whose permanent residence application under the SCLPC class or family class has been refused, withdrawn or returned
  • applicants whose permanent residence application is being processed under the spousal public policy (subcategory “PP” in the Global Case Management System [GCMS]) on the basis that they do not have a valid temporary resident status
    • These applicants must wait until they receive approval in principle to be eligible to apply for an open work permit
  • foreign nationals who submit the work permit application as part of a permanent resident application using the Permanent Residence Portal
  • if they submit their application at a port of entry
    • If the foreign national submits their application upon entry, they will not meet the requirement of having a valid temporary resident status. At the time of application submission, they must have already been authorized to enter Canada as a temporary resident under section A22.

Documentary evidence

With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:

  • proof of relationship (for example, marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409], birth certificate of a common child that shows both parents’ names)
  • a copy of the acknowledgement of receipt (AoR) letter confirming that the permanent residence application has been put into processing

    Exception: To ensure that foreign nationals do not fall out of status while awaiting for their AoR, IRCC will allow the applicant to submit their open work permit application without the AoR if they provide proof that

    • their work permit, study permit, or temporary resident status expires in 2 weeks or less
    • they have submitted a permanent residence application under the SCLPC class or in the family class as a spouse, common-law or conjugal partner
  • proof that they have a valid temporary resident status (for example, a valid work permit, visitor record, study permit, temporary resident permit, or a stamp in their passport)
  • have the same residential address as their sponsor in Canada

In addition, dependent children must provide

  • a copy of the IMM 0008 form for the permanent residence application in which the principal applicant listed the name of their family members

Receipt of application

All applications must be submitted online unless the applicant is exempt under sections R9.4 or R9.5.

Paper application

If the work permit applicant meets one of the exemptions under section R9.4 or R9.5 (for example, if they require accommodations under section R9.5, including for a disability), they can submit the work permit application in another format (paper, braille or large print) after meeting the requirement of a complete permanent resident application as per section R10.

Permanent Residence Portal

An open work permit application submitted in the Permanent Residence Portal is not eligible under this public policy.

If the work permit application is submitted in the Permanent Residence Portal, officers should send a letter to the applicant asking them to apply online using the correct online application method for an open work permit after they receive an AoR.

Assessing the application

Processing officers will ensure that the requirements for the open work permit are met.

Since the only assessment on the permanent resident application was to confirm that it is complete, officers assessing the work permit application should conduct system checks to identify any adverse information, on either the sponsor or the applicant, that would render the applicant ineligible for permanent residence and thus the work permit in this category.

If there is information that an applicant is inadmissible, the admissibility assessment should be completed before a final decision on the work permit application is made.

In situations where a temporary resident permit is issued to the applicant to overcome an inadmissibility and where the person is an applicant for permanent residence under the SCLPC class, they may be issued an open work permit under this public policy, or they may meet the requirements under a labour market impact assessment (LMIA) exemption. See International Mobility Program [IMP]: Humanitarian reasons [R208].

Genuine relationship

As per section R4, a foreign national shall not be considered a spouse or a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership either

  • was entered into primarily for the purpose of acquiring any status or privilege under the IRPA, or
  • is not genuine

If officers have concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse, common-law partner or conjugal partner and the principal foreign national is genuine and is not a relationship of convenience.

Officers can review the guidance in Assessing the relationship of spouses, common-law and conjugal partners for further information.

Dependent children and working age

There is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).

The "working age" varies across provincial and territorial jurisdictions and there is no minimum age for work permit issuance specified in the IRPA or the IRPR.

As such, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.

Please refer to the instructions on Who qualifies as a dependent child to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.

The age of a dependent child is locked in when IRCC receives the SCLPC class or the family class application.

Final decision


If the work permit application is approved under this public policy, on the Application screen, officers should enter the following information in the specified fields:

Field Selection or input
Case type 27
Special program code

For SCLPC class applicants: SPO (sponsored spouse or partner)

For family class sponsored spouses or partners:

  • Code: FC1-OWP-PP
  • Description: OWP-Family Class in Can PP
Province of destination Unknown or open
Exemption code A74
Employer Open
Intended occupation Open
National Occupational Classification (NOC) 99999
Duration The open work permit may be issued for a maximum period of 24 months or the date the applicant’s passport expires, whichever comes first.
Conditions Officers should ensure that instructions provided in Medical conditions to be imposed for open employer but occupation-restricted work permits are followed.
User remarks (mandatory)

The following remark must be added to all open work permits:

For spousal: “Pending SCLPC APR” or “Pending FC APR”

For dependent children only: Authorized to work as per applicable Canadian federal, provincial and territorial labour laws


$155 work permit processing fee

$100 open work permit holder fee


Work permit applicants are required to provide biometric information and pay the biometric fee ($85).

The regular biometric exemptions apply (for example, under 14 or 1 in 10 rule).

Refusal and refunds

If the decision is to refuse the application, the processing officer must state in a case note their logical, reasonable conclusions. Officers can follow the instructions provided in Decision-making: Standard of review and process for making a reasonable decision.

For example:

I am not satisfied that there is a genuine spousal relationship for the following reasons (include all concerns).


The associated work permit processing fee is not refunded. However, the open work permit holder fee must be refunded where an application is refused.

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