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SOWP Refusal - Please Help

I

IF321

Hero Member
Sep 21, 2020
341
29
Hello,

My cousin is nominated through SINP skilled worker stream and he is already working with a work permit. His wife is also got nominated at the same time as dependent. Hence his wife applied for work permit from outside Canada and refused 2 times. Reasons are below. First time couldn't upload the marriage certificate and reason was only this and immediately reapplied with marriage certificate, wedding photos and wedding card.

After 6 months of processing, it got refused again. Reason for second refusal are below.

1. You have not submitted evidence of your relationship; therefore, you are ineligible for LMIA exemption R205(C)(ii).
2. You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).

Please suggest what to do ? Is it better to reapply?

One of the reasons asking for lmia document but there is no such lmia document because he was nominated through lmia exempt program.

For first reason I am not sure why they are saying haven't submitted the relationship proof.

Can we send a webform to reconsider this.

Please advise on this

Thanks
 
C

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
IF321 said:
Hello,

My cousin is nominated through SINP skilled worker stream and he is already working with a work permit. His wife is also got nominated at the same time as dependent. Hence his wife applied for work permit from outside Canada and refused 2 times. Reasons are below. First time couldn't upload the marriage certificate and reason was only this and immediately reapplied with marriage certificate, wedding photos and wedding card.

After 6 months of processing, it got refused again. Reason for second refusal are below.

1. You have not submitted evidence of your relationship; therefore, you are ineligible for LMIA exemption R205(C)(ii).
2. You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).

Please suggest what to do ? Is it better to reapply?

One of the reasons asking for lmia document but there is no such lmia document because he was nominated through lmia exempt program.

For first reason I am not sure why they are saying haven't submitted the relationship proof.

Can we send a webform to reconsider this.

Please advise on this

Thanks
Click to expand...
She would only qualify for an OWP based on her spouses current WP. What type of WP is he currently on and when does it expire?
 
I

IF321

Hero Member
Sep 21, 2020
341
29
Ok, and then reapply? As per new policy I don't think she is eligible for work permit based on his noc. Can she raise a webform for reconsideration? Please advise thanks.
 
Miss bee

Miss bee

VIP Member
Mar 24, 2020
4,962
1,645
IF321 said:
Hello,

My cousin is nominated through SINP skilled worker stream and he is already working with a work permit. His wife is also got nominated at the same time as dependent. Hence his wife applied for work permit from outside Canada and refused 2 times. Reasons are below. First time couldn't upload the marriage certificate and reason was only this and immediately reapplied with marriage certificate, wedding photos and wedding card.

After 6 months of processing, it got refused again. Reason for second refusal are below.

1. You have not submitted evidence of your relationship; therefore, you are ineligible for LMIA exemption R205(C)(ii).
2. You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).

Please suggest what to do ? Is it better to reapply?

One of the reasons asking for lmia document but there is no such lmia document because he was nominated through lmia exempt program.

For first reason I am not sure why they are saying haven't submitted the relationship proof.

Can we send a webform to reconsider this.

Please advise on this

Thanks
Click to expand...
Order GCMS notes and see what’s going on . She can’t apply for work permit but only SOWP . However he can try to apply for visitor visa for her but never guaranteed she will get it . You can certainly apply for reconsideration through webform but there are really less chances of it . What did she applied for 2 times ? Was it SOWP ?
 
I

IF321

Hero Member
Sep 21, 2020
341
29
Miss bee said:
Order GCMS notes and see what’s going on . She can’t apply for work permit but only SOWP . However he can try to apply for visitor visa for her but never guaranteed she will get it . You can certainly apply for reconsideration through webform but there are really less chances of it . What did she applied for 2 times ? Was it SOWP ?
Click to expand...
Thanks for your response. Should we wait for gcms notes to apply for reconsideration? She applied both times for SOWP. First time Marriage certificate was not uploaded and got refused for that and that make sense. Reapplied with all info and this time the reasons don't make sense. Please advise. Thanks.
 
C

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
IF321 said:
Thanks for your response. Should we wait for gcms notes to apply for reconsideration? She applied both times for SOWP. First time Marriage certificate was not uploaded and got refused for that and that make sense. Reapplied with all info and this time the reasons don't make sense. Please advise. Thanks.
Click to expand...
SOWP is never guaranteed. Was this a recent marriage? If so have they spent a lot of time in person during the relationship? We often see refusals for new marriages with minimal in person relationship time. Over time with more proof of relationship SOWP typically gets approved.
 
I

IF321

Hero Member
Sep 21, 2020
341
29
canuck78 said:
SOWP is never guaranteed. Was this a recent marriage? If so have they spent a lot of time in person during the relationship? We often see refusals for new marriages with minimal in person relationship time. Over time with more proof of relationship SOWP typically gets approved.
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They were married for almost 2.5 years. What proof they will need to see, other than providing a government issued marriage certificate, also provided pics from wedding and wedding card for proof. They also applied for PR already. They might wait for that if this doesn't work. Thank for your help and inputs.
 
C

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
IF321 said:
They were married for almost 2.5 years. What proof they will need to see, other than providing a government issued marriage certificate, also provided pics from wedding and wedding card for proof. They also applied for PR already. They might wait for that if this doesn't work. Thank for your help and inputs.
Click to expand...
How much time have they spent together in person?
 
I

IF321

Hero Member
Sep 21, 2020
341
29
canuck78 said:
Why didn’t they for SOWP earlier? They spent 8 months living together all at one time? What is his NOC?
Click to expand...
No I mean they were living back home for 8 months and he came to Canada alone and got nominated visa SINP through employment offer. Admin assistant is the Noc. Wife is in back home
 
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