A70 Open Work Permit for SCLPC Applicants | Toronto Lawyer

This service is for spouses and common-law partners who have received approval in principle under the Spouse or Common-Law Partner in Canada Class.

It may be suitable for:

• applicants with valid visitor, worker or student status;
• applicants with maintained temporary resident status;
• applicants who remain eligible for restoration;
• applicants covered by the out-of-status spousal public policy;
• A74 work permit holders who have since received approval in principle;
• applicants whose A74 permit is approaching expiry;
• applicants with a previous work permit refusal;
• applicants with different addresses appearing in their immigration records;
• applicants with unauthorized work or study concerns; and
• applicants who need to determine whether A70 or A74 applies.

A70 is not available to a spouse or partner sponsored under the Family Class. An eligible Family Class applicant may instead qualify under A74.

Representation for the A70 application does not include the underlying sponsorship application unless both matters are included in the written retainer.

Legal representation for an A70 open work permit application may include eligibility review, status planning, evidence preparation, application drafting and legal submissions.

Eligibility and Strategy

• confirmation that the permanent residence application is under the Spouse or Common-Law Partner in Canada Class;
• review of the approval in principle letter;
• assessment of eligibility under paragraph 207(b);
• review of valid status, maintained status or restoration eligibility;
• assessment of the out-of-status public policy;
• confirmation that the applicant and sponsor live together in Canada;
• review of whether A70 or A74 is the correct category;
• review of previous refusals or immigration violations;
• assessment of relationship or admissibility concerns; and
• consideration of alternative status options where A70 is unavailable.

Evidence and Documentation

• review of the approval in principle letter;
• review of passports and immigration documents;
• review of marriage or common-law evidence;
• review of documents showing the shared residential address;
• review of restoration documents where applicable;
• review of evidence concerning the out-of-status public policy;
• review of previous refusal letters or GCMS notes; and
• identification of inconsistencies between the work permit and permanent residence records.

IRCC generally expects evidence of the genuine relationship, shared address, approval in principle and temporary resident status, unless the status requirement is waived.

Application Preparation

• preparation or review of required work permit forms;
• filing through the correct IRCC account or representative portal;
• drafting of legal submissions addressing A70 eligibility;
• explanation of approval in principle;
• explanation of status, restoration or the public policy waiver;
• submissions concerning the shared residential address;
• review of consistency across the forms and supporting documents; and
• monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the applicant is out of status, has a pending restoration matter, previously held an A74 permit, has different addresses in IRCC records, has temporarily lived apart from the sponsor, has a prior refusal, worked without authorization, or has relationship or admissibility concerns.

Legal assistance is recommended where A70 eligibility, temporary status or the effect of approval in principle is unclear.

This may include situations where:

• the applicant has an AOR but has not received approval in principle;
• temporary resident status has expired;
• the applicant is beyond the restoration period;
• the applicant may be covered by the out-of-status public policy;
• an A74 permit is expiring after approval in principle;
• the applicant and sponsor have different addresses in their records;
• the couple has temporarily lived apart;
• the applicant has worked or studied without authorization;
• the relationship has changed since the permanent residence application was submitted;
• the applicant has a prior work permit refusal;
• IRCC has identified adverse information;
• there is a criminal, medical or other admissibility concern; or
• the applicant has received a procedural fairness letter.

Short, temporary travel does not necessarily end eligibility where the applicant continues to maintain their primary residence in Canada with the sponsor. Longer separations or inconsistent address evidence should be reviewed before applying.

A70 applications may be refused because approval in principle was not established, the application was not under the correct class, cohabitation was not demonstrated, the status requirement was neither met nor waived, the relationship raised concerns, or the applicant was inadmissible.

A refusal should be reviewed before reapplying. Depending on the circumstances, the next step may involve requesting GCMS notes, correcting the application, providing stronger evidence, requesting reconsideration or seeking judicial review at the Federal Court.