OSWP rejected - Spouse Student Visa Extended - What to do

[glenn9090]

Hi all

Asking for a friend. Here is the scenario
Family of 4 (2 adults and 2 kids)
Wife came on a student visa in 2023 and husband got OSWP approved till 31 December 2024.
Spouse enrolled to additional program in 2025 and got approved for student visa extension till May 2026 but husband got rejected with OSWP.
Kids got also approval for extension

Now because husband got rejected, he has 3 months of to apply for restoration

Is there any way that the application can be sent for reconsideration? Anyone in the similar boat and share their experience what to do next?

tia

 

[Naturgrl]

Hi all

Asking for a friend. Here is the scenario
Family of 4 (2 adults and 2 kids)
Wife came on a student visa in 2023 and husband got OSWP approved till 31 December 2024.
Spouse enrolled to additional program in 2025 and got approved for student visa extension till May 2026 but husband got rejected with OSWP.
Kids got also approval for extension

Now because husband got rejected, he has 3 months of to apply for restoration

Is there any way that the application can be sent for reconsideration? Anyone in the similar boat and share their experience what to do next?

tia

Is wife’s program a Masters or PhD? If not, spouse is not eligible for SOWP. Nothing to reconsider.

 

[glenn9090]

Is wife’s program a Masters or PhD? If not, spouse is not eligible for SOWP. Nothing to reconsider.

nope. just a diploma program.

But they applied for renewal before Jan 21, 2025 rule was applied. (sometime in October 2024)

 

[Naturgrl]

nope. just a diploma program.

But they applied for renewal before Jan 21, 2025 rule was applied. (sometime in October 2024)

That rule was for PGWP not for study permits holders. The changes to SOWP for study permits was introduced in April 2024.

 

[glenn9090]

if they apply for reconsideration on humanitarian grounds, will their application be accepted?. or is it just waste of time

husband had a stable job .

 

[canuck78]

if they apply for reconsideration on humanitarian grounds, will their application be accepted?. or is it just waste of time

husband had a stable job .

Waste of times there are no H&C reconsiderations. If anything children got lucky and may no longer qualify for study permits under PGWP.

 

[Naturgrl]

if they apply for reconsideration on humanitarian grounds, will their application be accepted?. or is it just waste of time

husband had a stable job .

What humanitarian grounds? Having a job isn’t a reason. H&C isn’t done through reconsideration and can take years to process. If H&C is the route then get an immigration lawyer. $$$ Cannot work until approved.

Better to change status to visitor to keep status. Make sure when wife gets PGWP, she has an eligible job offer and paystubs.

 

[canuck78]

What humanitarian grounds? Having a job isn’t a reason. H&C isn’t done through reconsideration and can take years to process. If H&C is the route then get an immigration lawyer. $$$ Cannot work until approved.

Better to change status to visitor to keep status. Make sure when wife gets PGWP, she has an eligible job offer and paystubs.

Think they meant reconsideration of SOWP on H&C grounds. Still not an option.

 

[glenn9090]

but changing the status to visitor doesnot entitle to work fulltime.

if he applies for visitor status, how long would be the visitor visa issued

 

[Naturgrl]

but changing the status to visitor doesnot entitle to work fulltime.

if he applies for visitor status, how long would be the visitor visa issued

Of course he cannot work. He is now of status and not eligible for SOWP. He can extend stay as visitor, and can stay as long as IRCC decides (could be up to 6 months or a few weeks). He is on implied status until decision is made. He can keep applying to extend status and at some point may be denied and asked to leave.

 

[glenn9090]

Of course he cannot work. He is now of status and not eligible for SOWP. He can extend stay as visitor, and can stay as long as IRCC decides (could be up to 6 months or a few weeks). He is on implied status until decision is made. He can keep applying to extend status and at some point may be denied and asked to leave.

in that case, is it in best of the interest of the family for all of them to leave the country?.

btw thanks for the quick response. This came as a shocker for them. Wife staying with kids and husband leaving the country was not a feasible option. Either everyone stays or everyone leave.

 

[canuck78]

in that case, is it in best of the interest of the family for all of them to leave the country?.

btw thanks for the quick response. This came as a shocker for them. Wife staying with kids and husband leaving the country was not a feasible option. Either everyone stays or everyone leave.

That is a personal choice. They can attempt to have the father stay as a visitor for as long as possible if the husband will qualify for SOWP under PGWP and the kids will qualify for study permits.

 

[Naturgrl]

in that case, is it in best of the interest of the family for all of them to leave the country?.

btw thanks for the quick response. This came as a shocker for them. Wife staying with kids and husband leaving the country was not a feasible option. Either everyone stays or everyone leave.

What was wife’s first program if started in 2023 as maybe she should have applied for PGWP? What is second program and length? Will she get a PGWP eligible job for spouse?

All of them leaving is a personal choice. If he is eligible for PR through CEC then may be an option. If not, learn French while a visitor.

 

[glenn9090]

What was wife’s first program if started in 2023 as maybe she should have applied for PGWP? What is second program and length? Will she get a PGWP eligible job for spouse?

All of them leaving is a personal choice. If he is eligible for PR through CEC then may be an option. If not, learn French while a visitor.

with the first program, she could not get the PGWP. The second program length is till end of this year 2025. she received PGWP till march 2026.

they want to be eligible for PR through CEC that was all the target. Once this thing is clear, they plan to stay as long as they get the PR.

 

[Naturgrl]

with the first program, she could not get the PGWP. The second program length is till end of this year 2025. she received PGWP till march 2026.

they want to be eligible for PR through CEC that was all the target. Once this thing is clear, they plan to stay as long as they get the PR.

Sorry, you mean she is on study permit until March 2026. So she will get a one year PGWP, and will spouse be eligible for SOWP. Will she have a job? What is NOC and score? If CEC score is not high enough then learn French.