SOWP Reconsideration

[anon117]

Hi,
I applied for a SOWP for my wife (primary applicant) along with a visitor visa for my 3-year-old daughter. Unfortunately, it was refused on the following grounds:

1. I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR. I am refusing your application because you have not established that you will leave Canada, based on the following factors:
2. The purpose of your visit to Canada is not consistent with a temporary stay given the details you provided in your application.
3. Your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family members, if applicable).

I have ordered GCMS notes, but received some hints from an MP query that it was rejected due to insufficient funds. Here are the financial documents I submitted with my application:

1. Fixed deposits in the name of my spouse and daughter, totaling 5.5 and 3.5 lakhs (INR) respectively.
2. Equity holdings by me totaling around 9 lakhs (INR).
3. A CA report of around 2 crores (INR) containing: 3.1. Land property jointly owned by me and my spouse worth around 1 crore (INR). 3.2. My parents' land property.
4. My GIC account balance here, which was around 7,000 CAD at the time of filing.
5. The last 6 months' bank statements of my spouse, showing a balance of around 1 lakh (INR) throughout.

Note: I am on a study visa, and my studies are scheduled to complete in October; however, my visa expires in December.

Now, I am considering applying for reconsideration because I can't reapply due to recent changes in SOWP eligibility.

Here are my queries:

1. Were the fixed deposits and equity holdings not sufficient as proof of funds?
2. I worked back home with a good salary. Can I show my last 2 ITRs as a source of income if that was the concern here?
3. My wife recently got a job back home. Is showing her employment letter in the reconsideration along with my ITRs enough?

What options do I have, or what would you recommend for my situation?

 

[canuck78]

Hi,
I applied for a SOWP for my wife (primary applicant) along with a visitor visa for my 3-year-old daughter. Unfortunately, it was refused on the following grounds:

1. I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR. I am refusing your application because you have not established that you will leave Canada, based on the following factors:
2. The purpose of your visit to Canada is not consistent with a temporary stay given the details you provided in your application.
3. Your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family members, if applicable).

I have ordered GCMS notes, but received some hints from an MP query that it was rejected due to insufficient funds. Here are the financial documents I submitted with my application:

1. Fixed deposits in the name of my spouse and daughter, totaling 5.5 and 3.5 lakhs (INR) respectively.
2. Equity holdings by me totaling around 9 lakhs (INR).
3. A CA report of around 2 crores (INR) containing: 3.1. Land property jointly owned by me and my spouse worth around 1 crore (INR). 3.2. My parents' land property.
4. My GIC account balance here, which was around 7,000 CAD at the time of filing.
5. The last 6 months' bank statements of my spouse, showing a balance of around 1 lakh (INR) throughout.

Note: I am on a study visa, and my studies are scheduled to complete in October; however, my visa expires in December.

Now, I am considering applying for reconsideration because I can't reapply due to recent changes in SOWP eligibility.

Here are my queries:

1. Were the fixed deposits and equity holdings not sufficient as proof of funds?
2. I worked back home with a good salary. Can I show my last 2 ITRs as a source of income if that was the concern here?
3. My wife recently got a job back home. Is showing her employment letter in the reconsideration along with my ITRs enough?

What options do I have, or what would you recommend for my situation?

Liquid savings is what IRCC wants to see since most would not want to liquidate fixed deposits and equities. Previous income statements and parents land also not relevant. The second issue is the fact that you have less than 6 months left in your studies.

 

[anon117]

thanks for the response. Now considering I can't reapply, is there an option of reconsideration? if yes, what docs should I show to convince the officer?

 

[NVA004]

thanks for the response. Now considering I can't reapply, is there an option of reconsideration? if yes, what docs should I show to convince the officer?

Since your course is ending in October why not apply after PGWP, they will not consider it as the facts are again similar.

 

[canuck78]

thanks for the response. Now considering I can't reapply, is there an option of reconsideration? if yes, what docs should I show to convince the officer?

Given that you have less than 6 months left in your studies it may be much smarter to reapply when you apply for PGWP and have 3 pay stubs and hopefully save some more money by that time.

 

[canuck78]

thanks for the response. Now considering I can't reapply, is there an option of reconsideration? if yes, what docs should I show to convince the officer?

Why can’t you reapply. Reconsideration doesn’t really exist but you can reapply. Ur would make sure you have good liquids savings before you apply.

 

[anon117]

Thanks for your response.

If I wait to apply after the PGWP, that's more than a year of waiting, considering I have 5.5 months left in my studies, 3 months to get the PGWP, and then 5 months for SOWP processing. That's why I am thinking of trying a reconsideration. Could you PLEASE help me with the following queries?

Since the rejection is due to the availability of liquid funds, what if I liquidate the FDs and equity to my spouse's account and apply for reconsideration with an explanation letter?

What if she lands here as a visitor? Can she apply for a work permit once I get the PGWP? Is it possible to change the visitor to a work permit?

 

[devikaprakash]

I applied for my husband's Spousal Open Work Permit (SOWP) in November 2023, which was rejected on April 25, 2024, due to insufficient funds and inconsistency in his planned stay. I applied for reconsideration in May 2024 but received no response. Last week, I sent an MP inquiry, and today, I received a reply that reiterated the rejection reasons and stated that IRCC would not grant the reconsideration request. I am currently enrolled in a 1+1 course, with my second course beginning in January and ending in August. My study permit expires in December, so I have applied for a study permit extension. Can I apply for reconsideration again, and if so, what additional documents should I provide?

 

[Naturgrl]

I applied for my husband's Spousal Open Work Permit (SOWP) in November 2023, which was rejected on April 25, 2024, due to insufficient funds and inconsistency in his planned stay. I applied for reconsideration in May 2024 but received no response. Last week, I sent an MP inquiry, and today, I received a reply that reiterated the rejection reasons and stated that IRCC would not grant the reconsideration request. I am currently enrolled in a 1+1 course, with my second course beginning in January and ending in August. My study permit expires in December, so I have applied for a study permit extension. Can I apply for reconsideration again, and if so, what additional documents should I provide?

You cannot apply for reconsideration as too long of time has passed since reconsideration is applied immediately after refusal. Also your reconsideration was refused. Your spouse is not eligible for SOWP since your second programm is not a Masters or PhD. So wait until you are on PGWP and then apply.

 

[christie2]

geometry dash breeze​

You cannot apply for reconsideration as too long of time has passed since reconsideration is applied immediately after refusal. Also your reconsideration was refused. Your spouse is not eligible for SOWP since your second programm is not a Masters or PhD. So wait until you are on PGWP and then apply.

Given that my study permit is expiring in December, what are the implications for my husband's status, and how can I best prepare for applying for the Post-Graduation Work Permit (PGWP) once I complete my studies?

 

[Naturgrl]

geometry dash breeze​

Given that my study permit is expiring in December, what are the implications for my husband's status, and how can I best prepare for applying for the Post-Graduation Work Permit (PGWP) once I complete my studies?

Have a job lined up with pay stubs. Show funds, ties to return etc. just like you did for first application.