Working in Canada without authorization is a serious violation of the Immigration and Refugee Protection Act (IRPA). While the inland spousal sponsorship program has a public policy that may forgive a lack of legal status, unauthorized work can still lead to a Canada Border Services Agency (CBSA) removal order if discovered before your application is protected.
Living in Toronto, Calgary, or Vancouver while waiting for a permanent residence (PR) application to process can be incredibly stressful for couples. Rent and groceries are expensive, and the financial pressure often tempts a sponsored spouse to take a cash job. However, working without a valid work permit is illegal in Canada and carries heavy risks. 🚫
Many people mistakenly believe that just being married to a Canadian citizen or permanent resident gives them the automatic right to work. This is a dangerous myth. You only have the right to work once Immigration, Refugees and Citizenship Canada (IRCC) officially issues you an Open Work Permit or grants your PR status. Let us walk through what happens if unauthorized work occurs and how to legally fix the situation. 🍁
Step-by-Step Process in Canada
Immigration law is entirely federal, meaning the rules are the same whether you live in Manitoba, Ontario, or Nova Scotia. If your spouse has engaged in unauthorized work, handling the situation carefully is critical to saving your family sponsorship application. Here is the general process that most applicants follow. 📋
Step 1: Stop Unauthorized Work Immediately
The very first thing your spouse must do is stop working illegally. Continuing to work “under the table” after realizing it is an offence only makes the situation much worse. The CBSA aggressively investigates unauthorized labour, and getting caught actively working illegally can trigger a fast deportation process. 🛑
Step 2: Understand the Inland Sponsorship Public Policy
Canada has a special rule for couples applying from inside the country (Inland Sponsorship). Under the Spouse or Common-law Partner in Canada Class, the government often forgives a lack of legal status. This means if your spouse overstayed a visitor visa or worked without authorization, IRCC generally will not refuse the PR application solely for those reasons, provided the marriage is genuine. 💍
Step 3: Apply for an Open Work Permit Legally
Instead of risking your future in Canada, you should file for a Spousal Open Work Permit (SOWP) alongside your inland PR application. This permit allows your spouse to work for almost any employer in Canada while waiting for the final PR decision. However, they cannot start working until the physical permit arrives in the mail. ✉️
Step 4: Be Completely Honest on the PR Forms
When filling out the IRCC background declaration forms, you must disclose all unauthorized work. Never lie to an immigration officer. Hiding illegal work is considered “misrepresentation,” which is a much more serious offence than the unauthorized work itself. Misrepresentation results in an automatic 5-year ban from Canada. ⚖️
Step 5: Consult a Canadian Immigration Law Firm
Because every situation is unique, it is highly recommended to consult a local law firm before submitting an application with an illegal work history. An experienced immigration lawyer can draft a submission letter explaining the situation to IRCC, ensuring you rely properly on the public policy for forgiveness. 🤝
How Much Does it Cost in Canada?
Fixing immigration issues and applying for family sponsorship involves standard government fees. As of May 2026, here are the expected costs in Canadian dollars (CAD):
- Spousal Sponsorship Fees: The total IRCC fee is generally $1,080 CAD (this includes the $75 sponsorship fee, $490 principal applicant fee, and $515 right of permanent residence fee).
- Open Work Permit Fee: Applying for the SOWP costs $255 CAD.
- Biometrics Fee: Fingerprinting and photos cost an additional $85 CAD.
- Law Firm Fees: Hiring a lawyer to handle a complex spousal sponsorship with unauthorized work history usually costs between $3,000 and $6,000 CAD.
| Spouse’s Current Situation | Risk of CBSA Removal | Eligible for Inland PR? |
| Valid Visitor Visa, Not Working | Very Low | Yes, highly straightforward |
| Overstayed Visa, Not Working | Moderate | Yes, protected by public policy |
| Working Cash Jobs Illegally | High (if caught before filing) | Yes, but requires full disclosure |
How Long Does the Process Take?
Processing times can test your patience. As of May 2026, a standard Inland Family Sponsorship application takes about 10 to 12 months from the day IRCC receives it. Once you file, you are generally placed under “implied” or maintained status if your previous visa was still valid. ⏳
If you applied for the Open Work Permit simultaneously, that permit usually takes about 4 to 5 months to be approved and mailed to your Canadian address. During this 4 to 5 month wait, the sponsored spouse absolutely must not work. 📅
Frequently Asked Questions (FAQ)
Can the CBSA deport my spouse for working illegally?
Yes. If the CBSA discovers the unauthorized work before IRCC officially receives and protects your Inland Spousal Sponsorship application, they can issue an exclusion or deportation order.
Will IRCC automatically refuse our PR application?
Generally, no. If you apply under the Inland Spouse or Common-law Partner class, IRCC has a public policy that forgives unauthorized work and visa overstays, as long as you declare it honestly on the forms.
Can we apply for an Open Work Permit after working illegally?
Yes. Even if your spouse worked without authorization in the past, they can still apply for a Spousal Open Work Permit alongside their inland PR application. Once approved, they can finally work legally.
What happens if I lie about the unauthorized work on the application?
Lying or omitting facts on an IRCC application is called misrepresentation. If caught, your PR application will be refused, and your spouse will be banned from entering Canada for 5 years.
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