Spouse open work permit refusal. What next?

[canuck78]

It's your right to have your family with you. You must have compromised earlier for the sake of studies but it's natural to miss the family especially kids and I think you must apply for visitor visa at the moment which can be changed or extended later on.

Families of International student are not guaranteed a permit or TRV. Some get approved some don’t. They aren’t visitors so a spouse should be applying for an OWP and the children should apply for a TRV. You should also have a plan if they don’t get approval while you study.

 

[canuck78]

Well, the gcms note states that the reasons for undertaking the proposed employment appear vague and poorly documented. He applied for SOWP and the last time I checked he does not need a job offer before he can be approved. The officer also mentioned that his immigration status in his country of residence is temporary, he works in Saudi but we are from Ghana.This situation got me really confused.

You are not proposing they come on a temporary basis so your spouse is more likely to be denied a TRV. If you do anything I would apply for an SOWP. Given that you live in KSA it is very tough to show that your husband plans On returning to Ghana. Once he stops working he loses his status in a KSA. You likely were approved because your family remained in KSA so it was conceivable that you would return to KSA after your studies.

 

[canuck78]

No. You have to meet the requirements of the SOWP in addition to a work permit application.

This is incorrect. They are the same.

 

[canuck78]

What NOC is your husband? What did he show for home ties? Possible job offer in Ghana, or at least prospect thereof? Did he specify all these in his cover letter? Applying from Saudi (UAE generally) is problematic for proving home ties. Did you apply for your study permit from Saudi too?

Yes you can apply for visitors' visa, nothing stops you from doing that. But note that visitor's visa is currently not being processed so expect extended delays.

Any which way, better apply for GCMS note to ascertain real reason for rejection.

TRVs are being processed although at a slower paces. Families of international students currently don’t meet the travel restrictions and will need special permission to enter Canada even if they are approved for OWP and TRVs

 

[canuck78]

What degree are you studying? Is it online or in person?

 

[Khanasma]

Foreign nationals do not have a right to enter Canada and we've been over why approval for a visitor visa is unlikely.

Still family of an international student is eligible.

 

[Khanasma]

No

Families of International student are not guaranteed a permit or TRV. Some get approved some don’t. They aren’t visitors so a spouse should be applying for an OWP and the children should apply for a TRV. You should also have a plan if they don’t get approval while you study.

Not guaranteed but are eligible.

 

[canuck78]

No

Not guaranteed but are eligible.

Not guaranteed but you are eligible to apply. International students don’t have a right to have their family join them.

 

[canuck78]

Still family of an international student is eligible.

Yes but you were saying it is their rights. A TRV for a spouse of an international student is less likely to be approved unless it can be show that they have strong ties to their home country and will only be coming to Canada for a temporary visit.

 

[Khanasma]

Not guaranteed but you are eligible to apply. International students don’t have a right to have their family join them.

But Canadian policy insists on the union of family be it student's family or someone else.

 

[Khanasma]

Yes but you were saying it is their rights. A TRV for a spouse of an international student is less likely to be approved unless it can be show that they have strong ties to their home country and will only be coming to Canada for a temporary visit.

For sure it's right of any human being on earth to have their families with them. If someone is trying to make their future better by studying alone and then they realize that they are unable to survive now without their families so it doesn't mean they have to give up on their hard work or dreams rather they've a right to get their families instead, makes sense?

 

[jweekend]

But Canadian policy insists on the union of family be it student's family or someone else.

Canadian policy only apply to Canadians. Foreigners have no rights to be in the country.

 

[jweekend]

For sure it's right of any human being on earth to have their families with them. If someone is trying to make their future better by studying alone and then they realize that they are unable to survive now without their families so it doesn't mean they have to give up on their hard work or dreams rather they've a right to get their families instead, makes sense?

They can always go back to their home country to see their family.

 

[Khanasma]

Canadian policy only apply to Canadians. Foreigners have no rights to be in the country.

If it was so they won't have mentioned same at IRCC website that students families are welcomed.

 

[Khanasma]

While I was filling my application I found that clearly there, I will try to get image as well.