SOWP, ask me anything.

[yashiharu]

Any questions/queries regarding SOWP and Express Entry? Just start typing!

I have already got my study permit approval. (5707 unchecked families accompany)
Now, due to several reasons, I would like them to go with me so I want to update 5707.
We have way enough fund for 1 year, property in the home country.

Recently, I know someone successfully to do so.
Just want to know what would be the worst scenario if it goes wrong (refusal on approval)?
Will my SP get revoke (by cic or cbsa)?

 

[Manpreet_kaur1100]

Any questions/queries regarding SOWP and Express Entry? Just start typing!

Any questions/queries regarding SOWP and Express Entry? Just start typing!

Hello my spouse got SOWP refusal on the grounds:

You have been unable to adequately demonstrate that you meet the requirements of a
spousal open work permit under section 205(c)(ii) of the Regulations

I got myself approved for my MAY 2020 study permit but due to pandemic I defer it to September 2020 and I am still in india only so in mean time i thought to apply for my spouse SOWP and we got this refusal as mentioned above.

Can you tell me by helping what should we do in order to get sowp approved ?

Can he apply for TRV to accompany me instead of sowp?

We put documents
From my side (student)
1. Passport
2. Tuition receipts
3. LOA
4. student visa
5. POE letter
6.GIC copy

From spouse end
1. Passport
2. Application form WP
3. Family Info
4. TRV form
5. Marriage certificate
6. Marriage photo and other photos
7. Education documents
8. Upfront medical
9. Digital photo
10. Bank statements

I am not getting like I think I have put all the documents with the application but I still don't get it what makes them to refuse our SOWP

 

[fastzone]

Hello my spouse got SOWP refusal on the grounds:

You have been unable to adequately demonstrate that you meet the requirements of a
spousal open work permit under section 205(c)(ii) of the Regulations

I got myself approved for my MAY 2020 study permit but due to pandemic I defer it to September 2020 and I am still in india only so in mean time i thought to apply for my spouse SOWP and we got this refusal as mentioned above.

Can you tell me by helping what should we do in order to get sowp approved ?

Can he apply for TRV to accompany me instead of sowp?

We put documents
From my side (student)
1. Passport
2. Tuition receipts
3. LOA
4. student visa
5. POE letter
6.GIC copy

From spouse end
1. Passport
2. Application form WP
3. Family Info
4. TRV form
5. Marriage certificate
6. Marriage photo and other photos
7. Education documents
8. Upfront medical
9. Digital photo
10. Bank statements

I am not getting like I think I have put all the documents with the application but I still don't get it what makes them to refuse our SOWP

The 205(c)(ii) of the Regulations under the exemption C42 for SOWP has two components. 1. The invitor or student in Canada should be a full-time student who is actively pursuing studies and make a reasonable attempt to complete the course. 2. The relationship should be genuine and should not have entered primarily for the purpose of attaining immigration status.
Prima facie, based on what you have said, you are not an active full-time student as you deferred your intake to September. So, visa officer rejected on the basis of point no.1. I don't know about how strong evidence you have provided to justify point 2. but for now, it is point no.1. They will also make a determination under 200 (I) IRPR.
Regarding Visitor Visa, It is not advisable until or unless you have a very strong Travel history and strong ties and level of establishment in your home country. The determination is made under 179 (b) and in your case, it will show desperation and certainly will be rejected.

 

[Manpreet_kaur1100]

The 205(c)(ii) of the Regulations under the exemption C42 for SOWP has two components. 1. The invitor or student in Canada should be a full-time student who is actively pursuing studies and make a reasonable attempt to complete the course. 2. The relationship should be genuine and should not have entered primarily for the purpose of attaining immigration status.
Prima facie, based on what you have said, you are not an active full-time student as you deferred your intake to September. So, visa officer rejected on the basis of point no.1. I don't know about how strong evidence you have provided to justify point 2. but for now, it is point no.1. They will also make a determination under 200 (I) IRPR.
Regarding Visitor Visa, It is not advisable until or unless you have a very strong Travel history and strong ties and level of establishment in your home country. The determination is made under 179 (b) and in your case, it will show desperation and certainly will be rejected.

Ok so what do you think what should I do and when I should apply and as i deferred to September intake and my visa is from march 2020 to april 2021 so my visa timeline will also reduce when I join in September and I heard to apply for SOWP there should be certain time left in study permit to get approved for SOWP and this made me think that my spouse has to apply visitor visa in the month of September instead of SOWP

 

[canuck78]

Ok so what do you think what should I do and when I should apply and as i deferred to September intake and my visa is from march 2020 to april 2021 so my visa timeline will also reduce when I join in September and I heard to apply for SOWP there should be certain time left in study permit to get approved for SOWP and this made me think that my spouse has to apply visitor visa in the month of September instead of SOWP

You will need at least 6 months left on your permit or left to co plate your studies depending on the situation. You spouse is unlikely toget approved for a TRV because it is clear that she want to remain in Canada and is not a temporary visitor. Did you apply for SOWP soon after marriage? Was it an an arranged marriage? At this point you likely have a lot more proof of a relationship like lots of text exchanges, lots of pictures of like together other than your wedding,potentially travel together, proof of cohabitation, etc.

 

[Manpreet_kaur1100]

You will need at least 6 months left on your permit or left to co plate your studies depending on the situation. You spouse is unlikely toget approved for a TRV because it is clear that she want to remain in Canada and is not a temporary visitor. Did you apply for SOWP soon after marriage? Was it an an arranged marriage? At this point you likely have a lot more proof of a relationship like lots of text exchanges, lots of pictures of like together other than your wedding,potentially travel together, proof of cohabitation, etc.

We have been married since last 7 years

And we put marriage certificates + photos + spouse name in spouse passport is also added since last 4 years

 

[Manpreet_kaur1100]

You will need at least 6 months left on your permit or left to co plate your studies depending on the situation. You spouse is unlikely toget approved for a TRV because it is clear that she want to remain in Canada and is not a temporary visitor. Did you apply for SOWP soon after marriage? Was it an an arranged marriage? At this point you likely have a lot more proof of a relationship like lots of text exchanges, lots of pictures of like together other than your wedding,potentially travel together, proof of cohabitation, etc.

We applied separately like I got approved first then I deferred my program and I am still in India and in a meanwhile we applied for sowp I still dont have any issuee Study Permit as I can only get when I will land in canada we applied on the basis of my student visa and approval letter , Loa and tuition receipts and other spouse documents and

Got refused on the ground have " have been unable to adequately demonstrate that we meet the requirements of spouse open work permit

 

[Vijenderprasad]

I want to apply for my pr right now i am working in calgary but my ielts expired in may 22 and my work permit also gonna expired in dec 20 i am in big problem becoz now the exam is postponed i dont know what to do

 

[fastzone]

We applied separately like I got approved first then I deferred my program and I am still in India and in a meanwhile we applied for sowp I still dont have any issuee Study Permit as I can only get when I will land in canada we applied on the basis of my student visa and approval letter , Loa and tuition receipts and other spouse documents and

Got refused on the ground have " have been unable to adequately demonstrate that we meet the requirements of spouse open work permit

As I mentioned in my previous comment, till the time you don't prove you are a full-time student, you do not fulfil the requirements of Spouse Open Work Permit. You need to have a current enrolment letter issue from your college specifying you are a full-time student. I don't know why you deferred but could have started with online classes if your college offered. Due to COVID reasons, this is acceptable.
On your query about 6 months, there is no explicit mention of any 6 months rule anywhere but there is an underlying principle of requirements for Spousal Open Work Permit. It is never advisable to apply for SOWP with a study permit less than 6 months. Reason 1: The study permit is normally issued for the date of completion of the program plus 90 days. Once, you receive a letter of completion from your educational institution you cease to be a full-time student. Reason2: In last semester, students can also go for part-time studies. This again is in contradiction to requirement of SOWP of being a full-time student. So, generally, a refusal reason based on the 'duration of the length of visit' is given by a visa officer.
So, you have 2 options 1. either extend your study permit as you already have to do due to deferment or wait for PGWP and apply under C41 with NOC 0, A ,B job offer and 3 pay stubs.
Note: If you come from Northern India then due to too much abuse of SOWP especially in Punjab, you can expect an extra layer of scrutiny to your application.

 

[fastzone]

I want to apply for my pr right now i am working in calgary but my ielts expired in may 22 and my work permit also gonna expired in dec 20 i am in big problem becoz now the exam is postponed i dont know what to do

I don't know much about your case but you should read
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/permanent-residence.html
Exemptions are being provided by IRCC. When you apply, write a letter of explanation to provide reasons for not having requisite documents.

 

[Somashekar]

Hi there , I applied spouse open work permit on 31 January and on 26 February i got request letter for my pcc and driving history I submitted on 15 march and no updates after that. On 12. My i got correspondence letter then after that no updates whats you think guys

HI... were you asked to submit PCC??

 

[sherinagodiwala]

Any questions/queries regarding SOWP and Express Entry? Just start typing!

hey, my husband applied for sowp in january and he got refusal on the grounds of 200(1) we reapplied for his visa on march 23rd and he just got a medical update that he cleared medical. i am very worried about the results the last time when he got rejection we didnt get any medical update we directly got rejection letter.can you please tell me is getting medical clearance a positive sign ?

 

[yashiharu]

Should I include a Letter of Explanation when submitting SOWP (outland) ?

I am not sure if it is a good idea to solve the puzzle before refusal, like:
explain the fund (self-finance OR sponsored by spouse - the SP holder)
and
talk about home ties and future plan

I know some didn't explain anything and got approval.
um ...

 

[Somashekar]

Should I include a Letter of Explanation when submitting SOWP (outland) ?

I am not sure if it is a good idea to solve the puzzle before refusal, like:
explain the fund (self-finance OR sponsored by spouse - the SP holder)
and
talk about home ties and future plan

I know some didn't explain anything and got approval.
um ...

Should I include a Letter of Explanation when submitting SOWP (outland) ?

I am not sure if it is a good idea to solve the puzzle before refusal, like:
explain the fund (self-finance OR sponsored by spouse - the SP holder)
and
talk about home ties and future plan

I know some didn't explain anything and got approval.
um ...

I think SOWP is an optional.. we can say.. it is an opportunity to explain your application, the documents you have attached, and it provides you a chance to convenience the visa officer about your case.

 

[Manpreet_kaur1100]

As I mentioned in my previous comment, till the time you don't prove you are a full-time student, you do not fulfil the requirements of Spouse Open Work Permit. You need to have a current enrolment letter issue from your college specifying you are a full-time student. I don't know why you deferred but could have started with online classes if your college offered. Due to COVID reasons, this is acceptable.
On your query about 6 months, there is no explicit mention of any 6 months rule anywhere but there is an underlying principle of requirements for Spousal Open Work Permit. It is never advisable to apply for SOWP with a study permit less than 6 months. Reason 1: The study permit is normally issued for the date of completion of the program plus 90 days. Once, you receive a letter of completion from your educational institution you cease to be a full-time student. Reason2: In last semester, students can also go for part-time studies. This again is in contradiction to requirement of SOWP of being a full-time student. So, generally, a refusal reason based on the 'duration of the length of visit' is given by a visa officer.
So, you have 2 options 1. either extend your study permit as you already have to do due to deferment or wait for PGWP and apply under C41 with NOC 0, A ,B job offer and 3 pay stubs.
Note: If you come from Northern India then due to too much abuse of SOWP especially in Punjab, you can expect an extra layer of scrutiny to your application.

Does this north india scrutiny also apply for those who are from New Delhi ? Or it is applicable who lives in punjab?

Also we have been married since last 6 years,

We have spouse name on our passports and also on driving license and we have marriage certificate so in future do we still need to upload our photographs along with these government official documents ??