Sowp refusal basis on new rules while file lodged was before changing rules .

[Glock]

Hi everyone,

so I applied for a sowp for my partner on the basis of common-law partner showing all the proofs and documents.

Filed was lodged on Oct 4,2024 .
Result on Feb 13, 2025.

reason on letter -
Thank you for your interest in working in Canada. After careful review of your work permit


application and supporting documentation under the International Mobility 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:


• 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.


So many mistakes in it ,
1. We never applied under International mobility program.
2. My job is under Noc B with the mentioned noc code on the letter acc to noc website as well .
3. Also we lodged the file on Oct 2024 before the rule got changed on Jan 2025 .

I am looking to go for a reconsideration as there so many flaws from their side ,

what are the chances for the approval, if anyone can suggest ??

 

[Naturgrl]

Hi everyone,

so I applied for a sowp for my partner on the basis of common-law partner showing all the proofs and documents.

Filed was lodged on Oct 4,2024 .
Result on Feb 13, 2025.

reason on letter -
Thank you for your interest in working in Canada. After careful review of your work permit


application and supporting documentation under the International Mobility 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:


• 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.


So many mistakes in it ,
1. We never applied under International mobility program.
2. My job is under Noc B with the mentioned noc code on the letter acc to noc website as well .
3. Also we lodged the file on Oct 2024 before the rule got changed on Jan 2025 .

I am looking to go for a reconsideration as there so many flaws from their side ,

what are the chances for the approval, if anyone can suggest ??

1. This is not an issue. Don’t know your status.
2. What did you include that you were doing the job?
3. Okay

Submit reconsideration request and wait to see if file is reopened.

 

[Glock]

Insubmitted my job experience letter with noc code mentioned and also the major duties in it.
Paystubs 6 months ,bank statements 6 months .

My status is work permit and i applied for sowp for my partner.

 

[canuck78]

Insubmitted my job experience letter with noc code mentioned and also the major duties in it.
Paystubs 6 months ,bank statements 6 months .

My status is work permit and i applied for sowp for my partner.

What proof did you submit of common law status?

 

[Glock]

I submitted the Rent agreement letter for 1 year where we lived together, utility bills , relationship photos, current photos of video calls and chats , calls.

 

[Naturgrl]

I submitted the Rent agreement letter for 1 year where we lived together, utility bills , relationship photos, current photos of video calls and chats , calls.

So you are living together now?

 

[Glock]

No not right now but we lived together outside canada before I came to canada , just a proof that we have lived together for 1 year and to prove pur relationship as a common law

 

[Naturgrl]

No not right now but we lived together outside canada before I came to canada , just a proof that we have lived together for 1 year and to prove pur relationship as a common law

So you entered as Common-law, IRCC knows you are and paying taxes as common-law. You can submit reconsideration request but there are no timelines. Order ATIP notes and consult an immigration lawyer.

 

[Glock]

Yes , Im looking to go for reconsideration as they have goven refusal on wrong basis saying that my job is not under noc o a b , but my job is under noc b category. I will submit current job letter as well again to confirm my noc code with them.

 

[Naturgrl]

Yes , Im looking to go for reconsideration as they have goven refusal on wrong basis saying that my job is not under noc o a b , but my job is under noc b category. I will submit current job letter as well again to confirm my noc code with them.

What is your NOC? Hopefully reconsideration will be successful but there are no timelines.

 

[Glock]

Noc - 72205

 

[Glock]

I am assuming that no officer have checked the file and this was a automated refusal by the ai or something they are using

 

[Naturgrl]

I am assuming that no officer have checked the file and this was a automated refusal by the ai or something they are using

If it was Chinook then you would have received an almost immediate refusal. So don’t think you can argue that.

 

[Glock]

Yes but don’t understand why the officer can’t check my noc code of the job and verify that it was under the teer 2 category.

 

[Naturgrl]

Yes but don’t understand why the officer can’t check my noc code of the job and verify that it was under the teer 2 category.

That is a question for a consultant/lawyer to ask. Can’t speak for an officer.