Spouse or common-law partner class (SCLPC) – [R207(b) – A70] – International Mobility Program
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
These instructions apply to IRCC employees. Given that applicants in Canada cannot submit their applications at a port of entry, the instructions do not apply to border services officers.
The instructions on this page should be reviewed in conjunction with the following:
Section 207 of the Immigration and Refugee Protection Regulations (IRPR) applies to applicants who have been determined eligible as members of certain in-Canada permanent residence classes and includes protected persons and family members, whether or not they have applied for permanent resident status.
An unrestricted open work permit may be issued to a foreign national who has met the requirements of section R207 under their respective class.
As per section R202, applicants who are issued a work permit under paragraph R207(c) or (d) do not, by reason only of being issued a work permit, become temporary residents.
Permanent resident (PR) applicants in Canada (See Who must submit to an immigration medical exam? for more details)
On this Page
Eligibility
To be issued an open work permit under paragraph R207(b), the applicant must meet all of the criteria of their specific member class at the time of decision on the work permit application.
The applicant must
- 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
- Only applicants who meet the requirements of section R9.4 and section R9.5 may use the paper application form.
- be the spouse or common-law partner of a sponsor with whom they live in Canada
- be the subject of a permanent resident application submitted under the Spouse or Common-Law Partner in Canada (SCLPC) class that has been approved in principle
- have valid temporary resident status, be on maintained status under subsection R183(5) or be eligible for restoration of status as a temporary resident
Note: The requirement to hold valid status may be waived under the Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class. Please refer to Assessing the application for additional information.
Some applicants may qualify for an open work permit under the Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the family class from work permit requirements [R205(a) – A74], which has different eligibility requirements that must be met for document issuance. For additional information, see Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the family class from work permit requirements [R205(a) – A74].
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:
- evidence of a genuine relationship if the applicant is the spouse or common-law partner
- For example, a marriage certificate or Statutory Declaration of Common-Law Union [IMM 5409]
- evidence that the applicant has the same residential address as their sponsor in Canada
- For example, a rental agreement or proof of home ownership
- confirmation that they are the principal applicant on a SCLPC application that has a been approved in principle
- evidence 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, unless the requirement is waived under the Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class
Assessing the application
Processing officers will ensure that the general processing instructions for the open work permit are met.
Officers must review the SCLPC permanent residence application to determine if the application has been approved in principle. When IRCC determines that the selection criteria for section R124 has been met and the PR application is deemed complete, the eligibility field in the PR application will be passed. Applicants will be informed by letter that their PR application has been approved in principle.
An officer should complete an integrated search in the Global Case Management System (GCMS) to identify any adverse information that might render the applicant ineligible for permanent residence, and thus possibly ineligible for 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.
Although applicants are expected to live at the same residence as their spouse in Canada, the regulations do not stipulate that this requirement needs to be met continuously. Applicants may travel outside of Canada on a temporary basis for short, finite periods during the processing of their PR application, provided they continue to maintain their primary residence in Canada with their sponsor.
Genuine relationship
As per section R4, a foreign national shall not be considered a spouse, common-law partner or conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
- was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (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 sponsor 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 and Identifying a relationship of convenience (available internally only) for further information.
Out of status spouses / common-law partners
Applicants without status do not meet the requirements under paragraph R124(b) so they are not considered members of the SCLPC class. However, some in-Canada spouses and common-law partners can overcome lack of status and become members of the SCLPC class if they meet the requirements of the out-of-status public policy. In this case, applicants can apply for an open work permit (OWP) under paragraph R207(b) once they become a member of the class, meaning that their SCLPC application has been approved in principle. This decision is rendered when IRCC determines that the selection criteria for section R124 has been met and the PR application is deemed complete, and the eligibility field in the PR application is passed.
Applicants who are issued an open work permit under paragraph R207(b) do not, by reason only of being issued a work permit, become temporary residents.
Final decision
Approval
If the work permit application is approved 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) |
| Province of destination | Unknown |
| Exemption code | A70 |
| Employer | Open |
| Intended occupation |
Open or Open Restricted (see Conditions for further instructions) |
| National Occupational Classification (NOC) | 99999 |
| Duration | The open work permit may be issued for a maximum period of 24 months. Document may not be issued beyond the passport or biometric expiry dates. |
| Conditions |
If the immigration medical exam (IME) has expired, the work permit must include conditions restricting work in designated occupations. See instructions: Medical conditions to be imposed for open occupation-restricted work permits Applicants should be informed of the conditions of their stay, including that they are required to leave Canada at the end of their period of authorized stay, as required by paragraph R183(1)(a). |
| User remarks (mandatory) |
A70 – Spouse or common-law partner in Canada class / Exempté de l’EIMT : Catégorie des époux ou des conjoints de fait au Canada Pending SCLPC APR |
| Fees |
$155 work permit processing fee as per subsection R299(1) $100 open work permit holder fee as per paragraph R303.2(1)(b) |
| Biometrics |
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
When officers are not satisfied that the specific eligibility factors for this administrative code are met, they need to clearly document their reasons in the refusal note.
A decision is reasonable when the reviewing court is able to trace the decision maker’s rationale without encountering fatal flaws in the overarching logic and is satisfied that there is a line of analysis within the given reasons that could lead the tribunal from the evidence before it to the decision maker’s conclusion. In other words, to be reasonable, a decision must be transparent, intelligible and justified.
The officer needs to engage with the documentary evidence that was provided by the applicant. Simply stating, “I have reviewed the submissions, and I am not satisfied that paragraph R207(b) is met”, is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.
If an officer determines that the applicant does not meet the eligibility requirements, the work permit application should be refused.
Officers should follow the steps in Decision-making: Standard of review and process for making a reasonable decision when finalizing their refusal notes. The grounds in the refusal letter should reflect what the officer has stated in their notes.
Work permits shall be issued if all of the requirements stated in section R200 are met, including the requirement to be described in section R207. Therefore, refusal grounds should be linked to one of those requirements. If applicable, officers should explain why the applicant does not meet the eligibility requirements in section R207.
For example:
I am not satisfied that there is a genuine spousal relationship for the following reasons (include all concerns).
Refund
The associated work permit processing fee is not refunded. However, the open work permit holder fee must be refunded where an application is refused or withdrawn.