Hi everyone,
I need some advice regarding my PR and SOWP applications. Here are the details:
Rejection reason for SOWP:
I have reviewed the application.I have considered the following factors in my decision.
The purpose of the applicant's visit to Canada is not consistent with a temporary stay given the details provided in the application.
The applicant has applied for an open work permit within the International Mobility Program (IMP) (R205(c)(ii), C41) as the spouse of a work permit holder in Canada
As evidence of the relationship, the applicant has provided (1) a Certificate of Marriage issued April 22, 2024 by the office of the Andhra Pradesh Marriage Registrar, Kallur, stating that the applicant and permit holder were married on April 12, 2024 at Kallur; (2) approximately 7-8 photographs of the applicant and spouse during what is ostensibly a marriage ceremony, showing only the applicant and permit holder and a very small number of family members; (3) copies of the purported wedding invitations; and (4) selected screenshots of conversations on WhatsApp purportedly between applicant and the permit holder, most of which are very short and none of which are date-stamped in such a manner as to establish when they took place.
No documentary evidence has been provided of any contact between the applicant and the permit holder, or between their families, until immediately prior to the wedding. No evidence has been provided to show they were in a relationship before the wedding. No evidence has been provided to show they had met, knew each other, or had any contact until the period immediately prior to the wedding. The permit holder entered Canada on a study permit; and there is no evidence that he returned to India at any point prior to March/April 2024 to meet the applicant, or that he would have had the opportunity of meeting her, until the period immediately prior to the wedding or that he had any contact with the applicant by telephone or online while he was in Canada prior to March 2024.
No statements have been provided from any bank accounts held jointly by the applicant and the permit holder. No legal or civil documents have been provided that include the names of both the applicant and the permit holder and represent them as a married couple. No tax, property, or financial documents have been provided that show assets held in common. The applicant and permit holder are not noted as "spouses" on each other's passports.
Based on the evidence provided, I am not satisfied that the applicant has met her positive burden of demonstrating that she meets the definition of a "spouse" pursuant to R4(1) and that she
consequently meet the requirements of eligibility for a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay.
For the reasons above, I have refused this application.
Concerns:
Now, I am worried that my PR application might also get refused for similar reasons. My wife mentioned in the IMM 5669 - Background Declaration form that her Work Permit was refused and included the SOWP application number. I also included my wife's UCI number in one of the forms adding as a dependent.
We are about to submit our applications to include each other's names in our passports.
Questions:
I need some advice regarding my PR and SOWP applications. Here are the details:
- 13th Jan 2024: PR applied inland (CEC)
- 12th April 2024: Married (Informed IRCC via web form)
- 25th April 2024: Wife applied for SOWP
- 2nd May 2024: received a COPR confirmation email (not in Canada, so I waited to enter Canada as mentioned in the email)
- 6th June 2024: SOWP rejection
- 2nd July 2024: sent webforms to IRCC to add my wife to the PR application as an accompanying partner
Rejection reason for SOWP:
I have reviewed the application.I have considered the following factors in my decision.
The purpose of the applicant's visit to Canada is not consistent with a temporary stay given the details provided in the application.
The applicant has applied for an open work permit within the International Mobility Program (IMP) (R205(c)(ii), C41) as the spouse of a work permit holder in Canada
As evidence of the relationship, the applicant has provided (1) a Certificate of Marriage issued April 22, 2024 by the office of the Andhra Pradesh Marriage Registrar, Kallur, stating that the applicant and permit holder were married on April 12, 2024 at Kallur; (2) approximately 7-8 photographs of the applicant and spouse during what is ostensibly a marriage ceremony, showing only the applicant and permit holder and a very small number of family members; (3) copies of the purported wedding invitations; and (4) selected screenshots of conversations on WhatsApp purportedly between applicant and the permit holder, most of which are very short and none of which are date-stamped in such a manner as to establish when they took place.
No documentary evidence has been provided of any contact between the applicant and the permit holder, or between their families, until immediately prior to the wedding. No evidence has been provided to show they were in a relationship before the wedding. No evidence has been provided to show they had met, knew each other, or had any contact until the period immediately prior to the wedding. The permit holder entered Canada on a study permit; and there is no evidence that he returned to India at any point prior to March/April 2024 to meet the applicant, or that he would have had the opportunity of meeting her, until the period immediately prior to the wedding or that he had any contact with the applicant by telephone or online while he was in Canada prior to March 2024.
No statements have been provided from any bank accounts held jointly by the applicant and the permit holder. No legal or civil documents have been provided that include the names of both the applicant and the permit holder and represent them as a married couple. No tax, property, or financial documents have been provided that show assets held in common. The applicant and permit holder are not noted as "spouses" on each other's passports.
Based on the evidence provided, I am not satisfied that the applicant has met her positive burden of demonstrating that she meets the definition of a "spouse" pursuant to R4(1) and that she
consequently meet the requirements of eligibility for a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay.
For the reasons above, I have refused this application.
Concerns:
Now, I am worried that my PR application might also get refused for similar reasons. My wife mentioned in the IMM 5669 - Background Declaration form that her Work Permit was refused and included the SOWP application number. I also included my wife's UCI number in one of the forms adding as a dependent.
We are about to submit our applications to include each other's names in our passports.
Questions:
- What are my options to make my PR application stronger?
- Should I submit a new web form with additional evidence such as chat screenshots with dates, call logs, more photos from the marriage with more people, photos with friends, celebration photos, flight tickets for our honeymoon, and joint account proof? Or Is my PR application (including my wife's) independent of my wife's SOWP rejection?
- What happens if the officer does not accept adding my wife to the application while reviewing the web forms submitted?
- What if IRCC accepts adding my wife to the PR application, starts processing it, and then is not satisfied with the proofs I provided? Will they reject the whole application or only reject my wife's PR and issue mine?
