My spouse is already in Canada on a work permit. Can they stay while the sponsorship is processed?

If your spouse is in Canada on a valid work permit and you submit an inland spousal sponsorship application, your spouse can generally apply to maintain their status in Canada while the application is processed. Under what is sometimes called "maintained status" (also referred to as implied status), your spouse may be able to remain in Canada even if their permit expires, provided the inland application was submitted before the permit expired and they have not received a final decision.

Additionally, inland applicants in the spousal sponsorship stream can apply for an open work permit at the same time as their permanent residence application. An open work permit allows your spouse to work for almost any employer in Canada while waiting for permanent residence.

The rules around implied status, open work permits, and eligibility depend on specific facts — including the type of permit your spouse holds, their history in Canada, and timing. If your spouse's permit is expiring soon, act promptly and get legal advice to avoid an inadvertent loss of status that could complicate or delay the sponsorship.