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Outland OWP application for spouse of Skilled Worker who has been issued a WP but hasn't travelled to Canada yet

PriyeshIyer

Full Member
Jan 3, 2023
22
7
  1. My spouse has received an employer specific Work Permit but is yet to travel to Canada. I am currently based in India, and I tried to apply for an OWP based on my spouse's WP but the application got refused. Is it because my spouse hasn't travelled to Canada yet or could there be another reason? I applied based on the eligibility criteria in the IRCC website and the result I got was that I could be eligible for an OWP.
  2. Would I be eligible for an OWP at the Port of Entry (POE)? What are the chances of an OWP being issued at the POE?
  3. Any other options of getting an OWP?
 

scylla

VIP Member
Jun 8, 2010
95,872
22,121
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
  1. My spouse has received an employer specific Work Permit but is yet to travel to Canada. I am currently based in India, and I tried to apply for an OWP based on my spouse's WP but the application got refused. Is it because my spouse hasn't travelled to Canada yet or could there be another reason? I applied based on the eligibility criteria in the IRCC website and the result I got was that I could be eligible for an OWP.
  2. Would I be eligible for an OWP at the Port of Entry (POE)? What are the chances of an OWP being issued at the POE?
  3. Any other options of getting an OWP?
1. What were the refusal reasons?
2/3. Do you hold a valid TRV? If so, then you can travel to Canada on the TRV and enter Canada as a tourist, then apply for the OWP from within Canada.
 

PriyeshIyer

Full Member
Jan 3, 2023
22
7
The refusal reason was as follows:
"Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B."

My spouse works in Skill level A category so the only reason I could think of was that they refused because my spouse hasn't travelled to Canada yet.
Is it possible that I could have made some kind of error in my application?

2. Yes, I have been issued a Temporary Resident Visa. If I apply from within Canada what would be the typical lead time for getting the OWP? I took my chances with the outland application because I didn't want a career gap due to the lead time.

3. What are the chances of getting an OWP at the POE?
 

scylla

VIP Member
Jun 8, 2010
95,872
22,121
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The refusal reason was as follows:
"Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B."

My spouse works in Skill level A category so the only reason I could think of was that they refused because my spouse hasn't travelled to Canada yet.
Is it possible that I could have made some kind of error in my application?

2. Yes, I have been issued a Temporary Resident Visa. If I apply from within Canada what would be the typical lead time for getting the OWP? I took my chances with the outland application because I didn't want a career gap due to the lead time.

3. What are the chances of getting an OWP at the POE?
1. What evidence did you provide in the OWP application that you meet the requirements based on your spouse's job? I assume your spouse's WP was issued recently and they are planning to travel to Canada soon. It sounds to me like the right evidence wasn't provided as part of your OWP application to show your spouse's job.
2. I believe it takes a number of months. I'm not sure of the exact number.
3. I assume you hold an Indian passport. If so, you do not qualify to apply for the work permit at the POE when you arrive in Canada.
 

PriyeshIyer

Full Member
Jan 3, 2023
22
7
In the OWP application there was no scope to provide any evidence of my spouse's work permit. I filled the application online and there was no field where it was requested.
 

PriyeshIyer

Full Member
Jan 3, 2023
22
7
1. What were the refusal reasons?
2/3. Do you hold a valid TRV? If so, then you can travel to Canada on the TRV and enter Canada as a tourist, then apply for the OWP from within Canada.
Would there be any impact on my Visitor visa if my Open Work Permit application has been refused?
 

scylla

VIP Member
Jun 8, 2010
95,872
22,121
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Would there be any impact on my Visitor visa if my Open Work Permit application has been refused?
No. Only if there's misrepresentation in the work permit which is easy to avoid.