Canadian HR departments can legally hire candidates with pending inland spousal sponsorships, provided the candidate possesses a valid Spousal Open Work Permit (SOWP) or legal maintained status. Simply holding an Acknowledgement of Receipt (AOR) from IRCC does not grant the applicant the legal right to work.
Hiring foreign talent in Canada requires strict adherence to federal immigration laws. Often, human resources teams encounter excellent job applicants who mention they are currently waiting for their Permanent Residence (PR) to be approved through an inland family sponsorship. While this shows long-term commitment to living in Canada, HR professionals must focus on the candidate’s immediate legal right to work to avoid severe corporate penalties.
The Immigration and Refugee Protection Act (IRPA) places the burden of verification on the employer. 📍 Whether your business operates in Vancouver, Montreal, or Halifax, relying on a candidate’s verbal promise that “their PR is coming soon” is not legally sufficient. To maintain compliance, B2B HR teams must systematically verify the applicant’s Spousal Open Work Permit (SOWP) or confirm they have maintained status if their previous permit recently expired.
Step-by-Step Process for HR Verification in Canada
To safely onboard a candidate navigating the family sponsorship process, HR departments should implement a standardized document check. Following these steps ensures your company remains compliant with both IRCC and Employment and Social Development Canada (ESDC).
Step 1: Request the Physical or Digital Work Permit
The first step is to ask the candidate to provide their current work permit. For candidates sponsored by a Canadian spouse, this is typically an open work permit, meaning it does not require a Labour Market Impact Assessment (LMIA) and they are free to work for almost any employer. Carefully check the expiry date and any specific conditions printed on the document (such as restrictions on working in healthcare without a medical exam).
Step 2: Verify the Social Insurance Number (SIN)
Temporary workers in Canada, including those on a SOWP, are issued a Social Insurance Number that begins with the number 9. 🔆 HR must ensure the candidate has a valid SIN document from Service Canada. The expiry date on the SIN will always match the expiry date on their work permit. You cannot process their payroll legally without an active SIN.
Step 3: Confirm Maintained Status (if applicable)
If the candidate’s work permit has expired, they may still be allowed to work under “maintained status” (formerly implied status). This applies if they submitted an application to renew their SOWP before the original permit expired. HR should ask to see the IRCC letter confirming receipt of the extension application. As long as they remain in Canada and their previous conditions are met, they can legally continue working for you.
Step 4: Establish Calendar Reminders for Expiry
Never file the work permit away and forget about it. 📅 Set automated calendar alerts for 90, 60, and 30 days before the SOWP or SIN expires. This prompts HR to proactively ask the employee for an updated work permit or proof of their new Permanent Resident status. If the permit expires and they have not applied for an extension, you must terminate their employment immediately.
How Much Does it Cost in Canada?
Hiring candidates under an open work permit through family sponsorship is highly cost-effective for employers compared to other immigration streams. As of May 2026, here is a breakdown of costs:
- Employer Compliance Fees: Because a SOWP is an open work permit, the employer does not need to pay the standard $230 CAD employer compliance fee or file an LMIA.
- Candidate Work Permit Fees: The applicant themselves is responsible for paying the $255 CAD open work permit fee to IRCC when they apply alongside their sponsorship.
- Corporate Penalties: Failing to verify legal status can result in massive fines from the federal government, ranging from $500 to $100,000 CAD per violation, and a ban from hiring foreign workers.
- Legal Consultations: If HR needs to hire an immigration lawyer to verify a complex maintained status file, a consultation typically costs $300 to $500 CAD.
How Long Does the Process Take?
HR teams should be aware of the candidate’s timelines. ⏳ When a candidate files an inland spousal sponsorship, they generally receive their AOR within 4 to 8 weeks. However, the SOWP application itself currently takes about 4 to 6 months to be processed. The overall family sponsorship PR process takes roughly 10 to 14 months. HR must be prepared to manage the employee’s temporary status throughout this entire waiting period.
Document Verification Guide for Employers
| Spousal Open Work Permit (SOWP) | Yes, full legal right to work until the expiry date. |
| IRCC Acknowledgement of Receipt (AOR) | No. An AOR is just a receipt, not a work authorization. |
| Maintained Status Letter (WP-EXT) | Yes, provided the original work permit was also open. |
| Visitor Record | No. Visitors cannot legally work in Canada. |
Frequently Asked Questions (FAQ)
Does our company need an LMIA to hire a sponsored spouse?
No. If the candidate holds a valid Spousal Open Work Permit through an inland family sponsorship, they are LMIA-exempt. You can hire them just as you would a Canadian citizen or permanent resident.
Can an employee work while waiting for their SOWP approval?
Only if they currently hold another valid work permit (like a Post-Graduation Work Permit) that grants them maintained status. If they applied for the SOWP from a visitor status, they cannot work until the physical permit arrives.
What happens when the employee finally gets their PR?
Once their family sponsorship is approved and they become a Permanent Resident, they must apply for a new, permanent SIN from Service Canada. HR simply updates their file with the new SIN, and their right to work becomes permanent.
Can we terminate an employee if their sponsorship fails?
If their family sponsorship is denied, their work permit will eventually expire. Once they lose their legal right to work in Canada, you must terminate their employment to remain compliant with Canadian law.
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