Reconsideration _SWOP Refual

[Diane Matthie]

Good day everyone,

A friend of mine is an International Student, her husband applied for an open work permit and he was refused. I think the officer made a mistake, see content of refusal letter below :

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/section-200.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:

• The compensation (monetary or other) indicated in your job offer and your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family member(s), if applicable).

• You do not have significant family ties outside Canada.

• Your current employment situation does not show that you are financially established in your country of residence.

• You have limited employment possibilities in your country of residence.


1. She is full time student, in a DLI school, doing a post grad diploma, 2 years
2. They include a copy of her enrollment at the school
3. They send a copy of her Study permit
4. A letter explaining why he would like to join his wife
5. The send a copy of their marriage certificate, they are married for 24yrs
6. Her husband has work for 24yrs with company, and in the last year changed company

I told them to send a webform and ask for re consideration, because I don't think the officer assess the application for the incorrect program

what are your thoughts????

 

[canuck78]

Good day everyone,

A friend of mine is an International Student, her husband applied for an open work permit and he was refused. I think the officer made a mistake, see content of refusal letter below :

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/section-200.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:

• The compensation (monetary or other) indicated in your job offer and your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family member(s), if applicable).

• You do not have significant family ties outside Canada.

• Your current employment situation does not show that you are financially established in your country of residence.

• You have limited employment possibilities in your country of residence.


1. She is full time student, in a DLI school, doing a post grad diploma, 2 years
2. They include a copy of her enrollment at the school
3. They send a copy of her Study permit
4. A letter explaining why he would like to join his wife
5. The send a copy of their marriage certificate, they are married for 24yrs
6. Her husband has work for 24yrs with company, and in the last year changed company

I told them to send a webform and ask for re consideration, because I don't think the officer assess the application for the correct program

what are your thoughts????

An SOWP is not guaranteed for spouses of international students. Many think that it is guaranteed but it says you may be able to get an SOWP. They can apply for reconsideration because it says that they applied for temporary foreign worker program but the answer may be the same. Would order GCMS notes.

 

[Diane Matthie]

Thank you for response, appreciate it, but just wondering since the letter mentioned Temporary Foreign Worker Program and The compensation (monetary or other) indicated in your job offer, do think the office assessed the application under a different program in error?

 

[canuck78]

Thank you for response, appreciate it, but just wondering since the letter mentioned Temporary Foreign Worker Program and The compensation (monetary or other) indicated in your job offer, do think the office assessed the application under a different program in error?
[/QUOTE

The VO just selected the wrong standardized replied but without knowing their profile it is hard to comment. Most are valid reasons form rejecting an OWP. GCMS notes should give them more information but they should also apply for reconsideration. Only being in a job for a year isn’t a long track record. What is their citizenship and where have they been living? Had the wife been working before returning to study? How old are they? Do they have children and if so have they applied for study permits? How much savings have they shown after subtracting 1st year of tuition?

 

[Diane Matthie]

They did send a reconsideration letter in the web form

Citizenship - Jamaican

Wife - worked with a government company for 25 years before coming to Canada

Yes - They have lived together for 24 years, never separated

Husband - 52 yrs, Wife 48 yrs

No, Children

The application was submitted after the wife came together, and they did not submit proof of funds with his application because the portal did ask for it., However, they submitted a bank statement with $8000 with the reconsideration letter.

Her Husband did change jobs 1 year one ago but worked with one company before for 24 years, they were no break in his employment history.


Again, thank you for responding.

 

[canuck78]

They did send a reconsideration letter in the web form

Citizenship - Jamaican

Wife - worked with a government company for 25 years before coming to Canada

Yes - They have lived together for 24 years, never separated

Husband - 52 yrs, Wife 48 yrs

No, Children

The application was submitted after the wife came together, and they did not submit proof of funds with his application because the portal did ask for it., However, they submitted a bank statement with $8000 with the reconsideration letter.

Her Husband did change jobs 1 year one ago but worked with one company before for 24 years, they were no break in his employment history.


Again, thank you for responding.

It’s unclear whether the wife is in Canada with the husband and whether her studies have started? It is pretty surprising that she got approved for a study permit at her age with minimal savings and that she was able to justify leaving longterm employment to spend a lot of money studying abroad. She would have had to prove that studying will lead to career progression in her home country and that they have the funds to support her studies to get the study permit. At their age it is even harder to justify liquidating funds to pursue studies since they have to think of things like retirement and it is much harder to get PR at their age and it is even harder to start a new life and career in Canada. It is hard enough for newcomers who are in their 20/30s and ageism is an issue in the workforce even if you are born in Canada. She likely only got approved because her husband would remain in Jamaica creating a tie. They don’t have enough funds to support her living in Canada what about tution next year and living expenses? They certainly don’t have enough savings to show they can support a second person in Canada. Even if there isn’t a list of documents to include with an SOWP you do have to show that you have strong ties to your home country and that you have the extra funds to support another person if they came to join their spouse in Canada. Given that the husband is no longer at the job where he spent 24 years as an employee he doesn’t have proof of longterm employment. What will be considered is the new job he started a year ago.

 

[Diane Matthie]

Thanks for the thorough explanation.

I will definitely share this with her and hope for the best for them both.

---Yes she is already in Canada studying and her husband is back in Jamaica.

 

[canuck78]

Thanks for the thorough explanation.

I will definitely share this with her and hope for the best for them both.

---Yes she is already in Canada studying and her husband is back in Jamaica.

Given their profile it is unlikely that he will get approved for a WP. He can reapply when she has a job and has PGWP. Attending a DLI school doesn’t mean that it qualifies for PGWP. She should verify that the school and program qualifies for PGWP. If they wan to move to Canada longterm it will be very difficult to live well given their age. There isn’t enough time to save, to start a new life/career, they need to work until they can at least qualify for a full government pension which is almost impossible to to live off of these days.

 

[Diane Matthie]

Given their profile it is unlikely that he will get approved for a WP. He can reapply when she has a job and has PGWP. Attending a DLI school doesn’t mean that it qualifies for PGWP. She should verify that the school and program qualifies for PGWP. If they wan to move to Canada longterm it will be very difficult to live well given their age. There isn’t enough time to save, to start a new life/career, they need to work until they can at least qualify for a full government pension which is almost impossible to to live off of these days.

Yeah, know, I have been here 8 years, and it not easy.....

But yes, her program school and program do qualify for PGWP, so maybe it's best for him to reapply then.

 

[canuck78]

Yeah, know, I have been here 8 years, and it not easy.....

But yes, her program school and program do qualify for PGWP, so maybe it's best for him to reapply then.

He can try but with 8k in savings chances are pretty low. SOWP is not guaranteed as a spouse of an international student. There are multiple reasons why SOWP can be refused. You are asked whether your family will be accompanying you when you apply. If you say no and don’t apply with them during the initial application there are no guarantees they can join later. Many are approved because their spouse plans on remaining on their home country. If you manage to immigrate in your 50s without savings you will essentially have to work until you literally can no longer physically work.