Spouse Open Work Permit for Spouse of a student refused despite no reason known - HELP - Can I overturn that decision and how ?

[Sarah1980]

Hello,

I have been a student in Canada and then had a post graduate work permit. My husband has a study permit now valid for 3 more years and my post graduate work permit expiring in few months I applied 6 months ago for extension of my stay asking for a new permit (a spouse open work permit). I already have a job in a university and I submitted all the documents required. I received a very standard answer for that work permit refusal:

"

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.

[X] Persons wishing to extend a work permit in Canada must satisfy an Officer that they:

• have complied with all conditions imposed on their entry;
• will leave Canada by the end of the period authorized for their stay; and
• are not in a category of persons inadmissible to Canada under the Immigration Act.
• 
  
• Based on careful review of the information and documentation supporting your application, I have concluded that you do not meet the requirements of the Immigration and Refugee Protection Act and Regulations. "
  

I dont understand at all what would be wrong with my application. The only thing I could see is that I had already a 1 year work permit then a 3 year study permit then a 3 year PGWP but I dont think there is a cap ?
I have a valid job at a university, 2 kids living here with myself and my husband. We were planning on staying here until my spouse finishes his studies in 3 years.

I read that you cannot get a work permit reopened and the only way to try to overturn that decision is to go to the federal court but can someone confirm this ?
The dean of my university wants to contact a member of parliament but at this stage can they do anything for me ?

I dont know what is wrong with my application and I could apply for the GSCM notes but I am assuming these will take a while to get back. I have the possibility of going to the border, should I try that ?

 

[canuck78]

Hello,

I have been a student in Canada and then had a post graduate work permit. My husband has a study permit now valid for 3 more years and my post graduate work permit expiring in few months I applied 6 months ago for extension of my stay asking for a new permit (a spouse open work permit). I already have a job in a university and I submitted all the documents required. I received a very standard answer for that work permit refusal:

"

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.

[X] Persons wishing to extend a work permit in Canada must satisfy an Officer that they:

• have complied with all conditions imposed on their entry;
• will leave Canada by the end of the period authorized for their stay; and
• are not in a category of persons inadmissible to Canada under the Immigration Act.
• 
  
• Based on careful review of the information and documentation supporting your application, I have concluded that you do not meet the requirements of the Immigration and Refugee Protection Act and Regulations. "
  

I dont understand at all what would be wrong with my application. The only thing I could see is that I had already a 1 year work permit then a 3 year study permit then a 3 year PGWP but I dont think there is a cap ?
I have a valid job at a university, 2 kids living here with myself and my husband. We were planning on staying here until my spouse finishes his studies in 3 years.

I read that you cannot get a work permit reopened and the only way to try to overturn that decision is to go to the federal court but can someone confirm this ?
The dean of my university wants to contact a member of parliament but at this stage can they do anything for me ?

I dont know what is wrong with my application and I could apply for the GSCM notes but I am assuming these will take a while to get back. I have the possibility of going to the border, should I try that ?

You can no longer take turns studying as spouses and each get an SOWP. Only the Primary applicants can get a study permit and SOWP. If the other spouse wants to study then their spouse doesn’t qualify for an SOWP. Too many spouses were extending their stays in Canada by taking turns studying, getting a PGWP then other spouse would study and get PGWP and keep going. You’ve been correctly refused and must stop working right away since you are currently working illegally. Dean of the university can’t do anything. Your employer should have applied for LMIA and you should have applied for a closed WP.

https://dfimmigration.ca/2021/10/05/newest-ircc-public-policy-eliminates-open-work-permit-for-spouses-of-students-who-are-ineligible-for-pgwp/

 

[Sarah1980]

You can no longer take turns studying as spouses and each get an SOWP. Only the Primary applicants can get a study permit and SOWP. If the other spouse wants to study then their spouse doesn’t qualify for an SOWP. Too many spouses were extending their stays in Canada by taking turns studying, getting a PGWP then other spouse would study and get PGWP and keep going. You’ve been correctly refused and must stop working right away since you are currently working illegally. Dean of the university can’t do anything. Your employer should have applied for LMIA and you should have applied for a closed WP.

https://dfimmigration.ca/2021/10/05/newest-ircc-public-policy-eliminates-open-work-permit-for-spouses-of-students-who-are-ineligible-for-pgwp/

Thanks for your answer, I see this was a fairly recent change (I think October 2021) ? Do you know if there is a document from IRCC about it ?
I am not working illegally, my PGWP is still valid and I was the primary applicant (ie the first that got the study permit). I can apply for a certain type of closed worked permit so I will do that instead. Thanks again !!

 

[Naturgrl]

Thanks for your answer, I see this was a fairly recent change (I think October 2021) ? Do you know if there is a document from IRCC about it ?
I am not working illegally, my PGWP is still valid and I was the primary applicant (ie the first that got the study permit). I can apply for a certain type of closed worked permit so I will do that instead. Thanks again !!

Believe this is the operational procedure you are asking about. If you have a LMIA then you can pursue a closed work permit. If your PGWP expires in 2021 then you may be eligible for the an extension.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

 

[Sarah1980]

Believe this is the operational procedure you are asking about. If you have a LMIA then you can pursue a closed work permit. If your PGWP expires in 2021 then you may be eligible for the an extension.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

Thanks Naturgrl ! Unfortunately my PGWP expires early January 2023 so I am not eligible for an extension as this is for expiration before 31 December 2022 (literally I am just a few days after that date). I am eligible for a LMIA exempt closed work permit but I am going to take a lawyer through my university to make sure I dont make another mistake.

 

[Naturgrl]

Thanks Naturgrl ! Unfortunately my PGWP expires early January 2023 so I am not eligible for an extension as this is for expiration before 31 December 2022 (literally I am just a few days after that date). I am eligible for a LMIA exempt closed work permit but I am going to take a lawyer through my university to make sure I dont make another mistake.

So you need the university to apply for the LMIA exemption and get approved. They need to be willing to pay the $1k and start the process. With the employment number, then you apply for the closed work permit. This will take months.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

 

[Sarah1980]

So you need the university to apply for the LMIA exemption and get approved. They need to be willing to pay the $1k and start the process. With the employment number, then you apply for the closed work permit. This will take months.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

Actually they have a special LMIA exempt work permit called global talent that they use routinely, I have lots of colleagues on that permit. I will see with the lawyer but I am pretty sure this is the one they will recommend.

 

[Naturgrl]

Actually they have a special LMIA exempt work permit called global talent that they use routinely, I have lots of colleagues on that permit. I will see with the lawyer but I am pretty sure this is the one they will recommend.

Are you referring to the Global Talent Stream? If so you have to be outside Canada to apply and not currently working in Canada to be eligible as the whole point is not having anyone in Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/global-skills-strategy/eligibility.html

 

[Sarah1980]

Are you referring to the Global Talent Stream? If so you have to be outside Canada to apply and not currently working in Canada to be eligible as the whole point is not having anyone in Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/global-skills-strategy/eligibility.html

I think that is the one. I know for sure one of them did get it at the border, they exited Canada and re-enter.

 

[andrews17]

I have a similar situation. I took a 1-year graduate certificate and my wife received a SOWP. Now I'm on implied/maintained status while I wait for my PGWP and I'm working full time. My wife requested an extension for her SOWP.

I have an LMIA-exempt passport (Colombian) and I plan to apply for a closed work permit with the same company I'm working for (NOC B) before my PGWP expires. Will my wife be able to still get a new WP when I get the closed work permit?

 

[Sarah1980]

I have a similar situation. I took a 1-year graduate certificate and my wife received a SOWP. Now I'm on implied/maintained status while I wait for my PGWP and I'm working full time. My wife requested an extension for her SOWP.

I have an LMIA-exempt passport (Colombian) and I plan to apply for a closed work permit with the same company I'm working for (NOC B) before my PGWP expires. Will my wife be able to still get a new WP when I get the closed work permit?

Hi Andrew. It looks like you are the principal applicant and so your wife should be able to get an open work permit based on your closed work permit. There might be though some specifics concerning proof of you working on that closed work permit.

 

[andrews17]

Hi Andrew. It looks like you are the principal applicant and so your wife should be able to get an open work permit based on your closed work permit. There might be though some specifics concerning proof of you working on that closed work permit.

Thanks, I know it's not an easy path. I would probably hire a lawyer when the time comes.

 

[canuck78]

I have a similar situation. I took a 1-year graduate certificate and my wife received a SOWP. Now I'm on implied/maintained status while I wait for my PGWP and I'm working full time. My wife requested an extension for her SOWP.

I have an LMIA-exempt passport (Colombian) and I plan to apply for a closed work permit with the same company I'm working for (NOC B) before my PGWP expires. Will my wife be able to still get a new WP when I get the closed work permit?

Think you mean your NOC is LMIA exempt when you are from Colombia due to trade deals. Don’t believe all Colombians wanting to work in Canada are exempt.

 

[canuck78]

Actually they have a special LMIA exempt work permit called global talent that they use routinely, I have lots of colleagues on that permit. I will see with the lawyer but I am pretty sure this is the one they will recommend.

Most university researching jobs are LMIA exempt even if you don’t qualify for GSS.

 

[GandiBaat]

I have been a student in Canada and then had a post graduate work permit. My husband has a study permit now valid for 3 more years and my post graduate work permit expiring in few months I applied 6 months ago for extension of my stay asking for a new permit (a spouse open work permit). I already have a job in a university and I submitted all the documents required. I received a very standard answer for that work permit refusal:

One question:

Who got the status in Canada first? Did you become a student first or did your husband became a student?


The person who became a student first will be considered "principal foreign national" (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html).

The principal will remain principal and can not become dependent and acquire a SOWP.

So, if you got your Study Permit first, you will be principal foreign national and you CAN NOT get SOWP under C42 condition.