If your spouse is currently employed or studying in Australia, or if you’ve applied to be sponsored for permanent residence by your spouse or partner in Australia, you might qualify for an open work permit.

Successful applicants for a work permit will receive an open work permit, allowing them to work for multiple employers anywhere in Australia while their permanent residency application is being processed or while their spouse maintains valid status in Australia.

The application process for a spousal sponsorship open work permit varies depending on the applicant’s status in Australia or the stage of their permanent residency application. It’s important to note that foreign nationals cannot work in Australia without the appropriate authorization.

Engaging in any form of employment in Australia without the proper work permit is illegal and can negatively impact future immigration applications.

What is a Spouse open work permit?

A spouse open work permit is a type of work permit issued to the spouse of certain temporary Australian permit holders.

It grants them the right to work anywhere in Australia, for any employer, with minimal restrictions.

Who can apply for a spouse’s open work permit?

Individuals who have applied to be sponsored by their spouse, or those whose spouses are in Australia on a study or work permit, may be eligible to apply for a spousal open work permit.

The requirements for applying for a spousal open work permit vary depending on the type of status your spouse has in Australia. Here’s a breakdown:

– Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders: The principal applicant’s occupational skill level requirement is TEER 0, 1, 2, or 3, with a minimum work permit length of 6 months.

– Spouses or common-law partners of Quebec selection certificate (CSQ) holders: There is no specific occupational skill level requirement, and the minimum work permit length is 6 months.

– Spouses or common-law partners of provincial nominees: There is no specific occupational skill level requirement, and the minimum work permit length is 6 months.

– Spouses or common-law partners of bridging open work permit (BOWP) holders: The occupational skill level requirement varies depending on the program the principal applicant applies under, with a minimum work permit length of 6 months.

– Spouses or common-law partners of open work permit holders other than BOWP (including PGWP, IEC): The principal applicant’s occupational skill level requirement is TEER 0, 1, 2, or 3. There is no minimum work permit length specified.

– Spouses or common-law partners of study permit holders: No specific occupational skill level requirement or minimum work permit length is specified.

– Spouses or common-law partners of individuals applying for spousal/common-law sponsorship within Australia: No specific occupational skill level requirement or minimum work permit length is specified.

For detailed information, refer to the table provided.

Can I apply for an open work permit if my spouse or partner has applied to sponsor me?

To be eligible to apply for a spousal sponsorship open work permit, a foreign national must have applied for permanent residency sponsorship from within Australia through the in-Australia stream of the spousal sponsorship program.

Here’s what you need to do based on your situation:

1. If you have not yet submitted your sponsorship application:
– You can submit the sponsorship, permanent residence, and open work permit applications together in a single envelope in hard copy.
– Ensure all supporting documentation and required proof of payments for all applications are included.
– Submit the applications to the Case Processing Centre in Mississauga (CPC-M), Ontario.

2. If your permanent residence application is submitted but has not yet received approval in principle:
– You can submit the open work permit application in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.

3. If your permanent residence application has been approved in principle:
– You can submit the open work permit application either online or in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.

Make sure to follow the specific instructions for your situation and submit all required documents accordingly.

Eligibility requirements for a spousal work permit and visa

Eligibility requirements for a spousal work permit and visa:

To qualify for a spousal open work permit, you must meet these minimum requirements:

1. You must be in a genuine relationship with a qualifying foreign national principal applicant, permanent resident, or citizen.
2. You must be eligible to apply as the spouse of a qualifying foreign national or as an in-Australia sponsorship applicant (as outlined previously).
3. You must not be criminally or medically inadmissible to Australia.

How long does a Spouse open work permit take to process?

The processing time for a spouse open work permit can vary depending on the type of permit your spouse applied for. To check the approximate processing time for a specific application, you can visit Australia’s dedicated webpage.

Spouse open work permit document checklist

The documents required for a Australian spouse work permit can vary based on the category under which you are applying. Applicants may need to provide the following documents as part of their work permit application:

1. Acknowledgement of Receipt (AOR) letter
2. Provincial nomination certificate (if applicable)
3. Certificat d’acceptation du Québec (CAQ) (Quebec Acceptance Certificate) (if applicable)
4. Completed application forms
5. Proof of status in Australia
6. Proof of spouse’s status in Australia
7. Marriage certificate or proof of common-law status
8. Proof of relationship to the principal applicant
9. A valid copy of your passport
10. Medical exam results (if requested)
11. Proof of payment for applicable government fees

Make sure to carefully review the specific requirements for your application and include all necessary documents to avoid delays.