A74 Open Work Permit | Toronto Lawyer

This service is for sponsored spouses, partners and dependent children seeking open work authorization while permanent residence is being processed.

It may be suitable for:

• Spouse or Common-Law Partner in Canada Class applicants;
• Family Class spouses or partners living in Canada with their sponsor;
• accompanying dependent children included in the sponsorship application;
• applicants with valid visitor, worker or student status;
• applicants with maintained temporary resident status;
• applicants who have applied and remain eligible for restoration;
• eligible principal applicants whose temporary status expires within two weeks while they await an AOR;
• A74 work permit holders seeking an extension;
• applicants with previous work permit refusals; and
• applicants who need to determine whether A74 or A70 applies.

An A74 application is separate from the permanent residence application. Representation for the work permit does not include the sponsorship application unless both matters are included in the written retainer.

Legal representation for an A74 open work permit application may include eligibility review, status planning, evidence preparation, application drafting and legal submissions.

Eligibility and Strategy

• confirmation of the permanent residence class;
• assessment of eligibility under the A74 public policy;
• review of the permanent residence AOR;
• assessment of the two-week AOR exception;
• review of valid status, maintained status or restoration eligibility;
• confirmation that the applicant and sponsor live at the same address;
• assessment of an accompanying dependent child’s eligibility;
• review of whether A74 or A70 is the correct category;
• review of previous refusals or immigration violations; and
• consideration of alternative status options where A74 is unavailable.

Evidence and Documentation

• review of the AOR or proof that the permanent residence application was submitted;
• review of passports and temporary resident documents;
• review of marriage or common-law evidence;
• review of documents showing the shared residential address;
• review of restoration documents where applicable;
• review of the IMM 0008 for an accompanying dependent child;
• review of previous refusal letters or GCMS notes; and
• identification of inconsistencies between the work permit and sponsorship records.

Application Preparation

• preparation or review of required work permit forms;
• filing through the correct IRCC account or representative portal;
• drafting of legal submissions addressing A74 eligibility;
• explanation of the AOR exception or restoration where applicable;
• review of consistency across the forms and supporting documents;
• preparation of an accompanying dependent child’s application where retained; and
• monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the applicant has no AOR, expired status, a pending restoration application, different addresses in the immigration records, a prior refusal, unauthorized work, an accompanying dependent child, or uncertainty between A74 and A70.

Legal assistance is recommended where the applicant’s eligibility, temporary status or ability to work is unclear.

This may include situations where:

• temporary status expires before the AOR is issued;
• temporary resident status has already expired;
• the applicant is uncertain whether maintained status applies;
• the applicant needs to determine whether they may continue working;
• a Family Class applicant entered Canada after the sponsorship was submitted;
• the sponsor and applicant have different addresses in their records;
• the applicant is relying on the out-of-status spousal public policy;
• approval in principle has been issued;
• the permanent residence application was previously returned;
• the applicant has a prior work permit refusal;
• the applicant worked or studied without authorization;
• an accompanying dependent child is applying; or
• an A74 extension is required.

A74 applications may be refused because the permanent residence application was not accepted as complete, the applicant did not establish qualifying status, restoration was unavailable, the shared address was not established, the application was filed through the wrong portal, or relationship or admissibility concerns arose.

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