Spouse's OWP refused while my Study Permit is still being reviewed

[dealmonkey]

Dear Forum and Experts,

We both are from Eastern Europe (former Soviet country), and I am starting my MBA in Ontario next March with my wife accommodating me. As a principal applicant, I have applied for my Study Permit meanwhile chose to represent my wife's application for an Open Work Permit. So it was a joint application I submitted ~2 weeks ago. We have provided our upfront Medical Exam results while applying and provided Biometrics last week, as requested.

Overall, even the timeline was pretty fast, the bad news arrived -- my wife's Open Work Permit has been refused and here's the wording from Correspondence Letter:

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker 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:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you have truthfully answered all questions asked of you.

My spouse's application was pretty simple -- apart from requested documents to be uploaded, we've drafted a one-page Explanation Letter, (1) highlighting that her application is linked with mine, as a principal one (but didn't mention "my husband will cover my expenses in Canada" since believed it is assumed since I am principal applicant), (2) describing her experience (HR/Recruiting) and willingness to travel in Canada to first improve language skills (2-3 months courses) and then start looking for a job, (3) explaining that she will leave Canada and be back in home country (date/month wasn't specified). She has somewhat rich travel history (~10 countries), but applied with a fresh new passport (one visa present) while we explained the old one was gathered by customs before new one was issued. Attachment to the Letter were her resume and a recommendation from her current employer. Other than that, no other documents were submitted. Again, she doesn't have a job offer in Canada, we planned to search for one once arrived. If worth to mention, between 2017-2019 she has been refused in U.S. Visitor Visa 3 times, while I have one valid for 10 years (applied separately).

What do you think is the refusal reason and best course of action in this specific case? Any factors you see affecting this refusal? Especially it looks strange that her application processed faster than mine on Study Permit, which is still being reviewed. Any chance it is some kind of mistake?

Appreciate any advice as we all proceed with travel matters during these unprecedented times.

Thank you.

 

[scylla]

Dear Forum and Experts,

We both are from Eastern Europe (former Soviet country), and I am starting my MBA in Ontario next March with my wife accommodating me. As a principal applicant, I have applied for my Study Permit meanwhile chose to represent my wife's application for an Open Work Permit. So it was a joint application I submitted ~2 weeks ago. We have provided our upfront Medical Exam results while applying and provided Biometrics last week, as requested.

Overall, even the timeline was pretty fast, the bad news arrived -- my wife's Open Work Permit has been refused and here's the wording from Correspondence Letter:

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker 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:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you have truthfully answered all questions asked of you.

My spouse's application was pretty simple -- apart from requested documents to be uploaded, we've drafted a one-page Explanation Letter, (1) highlighting that her application is linked with mine, as a principal one (but didn't mention "my husband will cover my expenses in Canada" since believed it is assumed since I am principal applicant), (2) describing her experience (HR/Recruiting) and willingness to travel in Canada to first improve language skills (2-3 months courses) and then start looking for a job, (3) explaining that she will leave Canada and be back in home country (date/month wasn't specified). She has somewhat rich travel history (~10 countries), but applied with a fresh new passport (one visa present) while we explained the old one was gathered by customs before new one was issued. Attachment to the Letter were her resume and a recommendation from her current employer. Other than that, no other documents were submitted. Again, she doesn't have a job offer in Canada, we planned to search for one once arrived. If worth to mention, between 2017-2019 she has been refused in U.S. Visitor Visa 3 times, while I have one valid for 10 years (applied separately).

What do you think is the refusal reason and best course of action in this specific case? Any factors you see affecting this refusal? Especially it looks strange that her application processed faster than mine on Study Permit, which is still being reviewed. Any chance it is some kind of mistake?

Appreciate any advice as we all proceed with travel matters during these unprecedented times.

Thank you.

What ties to get home country did she show? I expect the three US refusals really did not work in her favour. Does she have travel to any countries which require visas?

 

[dealmonkey]

What ties to get home country did she show? I expect the three US refusals really did not work in her favour. Does she have travel to any countries which require visas?

Thanks, scylla!

1. In my Explanation Letter, I described that we both leave our families (parents, brothers, sisters), I attached some real estate ownership evidence, etc. But for her, I didn't attach anything else apart from the resume and recommendations. Basically, I considered my application as a door opener for her OWP, thus relied less on detailing hers (also as per immigration consultant's advice), but heavily prepared mine. Do you think it's an issue?
2. Yeah, I feel so. Do you think they (U.S. and Canada) exchange this decision info? How to overcome it? She has a few visas (like Turkey, UAE, Egypt), but the majority is EU (like France, Germany, Austria), which doesn't require visa (we are in visa-free regime). So these from EU just have stamps in passport, w/o a visa application made.

 

[dealmonkey]

Huh, I have just received a refusal too... Reason:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

So should I make a conclusion that it is a complex issue (not just my wife's one)? Any suggestions on how to address it? The application and Explanation Letter were very strong, I believe - post-MBA return job offer in my home country, rich travel experience (20+ countries, including 4 times in the U.S.), own funds (not loan) exceeding estimated budget by 15%, certificates of real estate ownership, parents/sister staying in home country, nation-wise achievements, etc.

What might went wrong?

 

[Naturgrl]

What is your full profile - age, education, work experience, funds etc. What school did you apply to? Was it a private school (Northeastern or Yorkville) or public (Ivy)? Canada and the US share their info. Order GCMS notes to see the offer’s notes. The officer thinks you aren’t being truthful.

 

[dealmonkey]

What is your full profile - age, education, work experience, funds etc. What school did you apply to? Was it a private school (Northeastern or Yorkville) or public (Ivy)? Canada and the US share their info. Order GCMS notes to see the offer’s notes. The officer thinks you aren’t being truthful.

Many thanks! I'm 27 (will turn 28 once arrived), my wife is 26. 8 yrs work experience in consulting. Out of ~150K CAD, 65% own funds, the rest is scholarship and Canada bank student loan (referred by the school). It's Ivey Business School. But given their response on

Hm, how do you think the officer thinks I'm not truthful and why he thinks so? I tried to gather as much docs and evidence as possible, but now it's hard to think what's missed. Someone tells me IRCC is afraid I'll stay after my studies, so in this case a formal mentioning that "In case I'll have a legal option to stay and work in Canada" might help. But really the whole story and evidence are about leaving back to my home country.

Apologies, but don't know what is 'GCMS notes'. Keen to know can it help here?

Also, is it feasible to hire consultant to work through the case?

 

[dealmonkey]

UPD: I see that GCMS notes provide with insights into my application. But it seems illegal and not sure how they are made and who basically has access to it. Am I right?

 

[Naturgrl]

UPD: I see that GCMS notes provide with insights into my application. But it seems illegal and not sure how they are made and who basically has access to it. Am I right?

GCMS notes are not illegal. They will give you more detailed information on why exactly you were refused. Your spouse’s notes say you weren’t truthful...maybe given the 3 US refusals and reasons. Applying 3 times in 2 years shows desperation and that she may not leave Canada. Has she applied for any other visas? Spousal work permits are never guaranteed and you may be better to apply again (when you receive GCMS) for just the study permit. If accepted, you would come to Canada and try for a SWOP once you start studying.

Also you have accepted a Canadian student loan but say you have job outside the country when you graduate. How will you pay that off as you can just leave and not repay the loan? So are you staying in Canada or not?

 

[canuck78]

What is your education history? If you are working in a consulting firm and plan on returning home how would a Canadian degree help advance your career and why wouldn't you attend a European institution?

 

[dealmonkey]

GCMS notes are not illegal. They will give you more detailed information on why exactly you were refused. Your spouse’s notes say you weren’t truthful...maybe given the 3 US refusals and reasons. Applying 3 times in 2 years shows desperation and that she may not leave Canada. Has she applied for any other visas? Spousal work permits are never guaranteed and you may be better to apply again (when you receive GCMS) for just the study permit. If accepted, you would come to Canada and try for a SWOP once you start studying.

Also you have accepted a Canadian student loan but say you have job outside the country when you graduate. How will you pay that off as you can just leave and not repay the loan? So are you staying in Canada or not?

1. Thanks so much. I now realized that in IMM1295 background section 2b, we forgot to tick "Yes" box and explain that she has received these rejections in US visa. No, it was just US visa, other ones (other countries) were all good.

2. Do you mean that I travel alone first and than later she joins me? And what is SWOP? Not sure it might be an option since we thoroughly chosen a country for my studies with a friendly traveling rules so that she might work while I study (a strong benefit vs studying in the US and wife just able studying part-time as my dependent). So only together as a family.

3. Do you think it's good to request GCMS notes first and only then apply? I am afraid of processing times that are challenging now so that I might be late for studies start date.

4. We plan to return as I have a competitive post-MBA job offer at hand. And loan is not an issue since it's not huge and there are much larger loans available (e.g. Prodigy Finance, based in UK) where students obtain this loan and they repay throughout 5-10, etc. years while NOT being in UK where it was basically issued.

 

[dealmonkey]

What is your education history? If you are working in a consulting firm and plan on returning home how would a Canadian degree help advance your career and why wouldn't you attend a European institution?

Thanks for your consideration!

I'm a master holder from an institution in my country. I chose Canada for North American experience and diversity since my experience is limited to just European. This point was very much elaborated in the Explanation Letter.

 

[canuck78]

Thanks for your consideration!

I'm a master holder from an institution in my country. I chose Canada for North American experience and diversity since my experience is limited to just European. This point was very much elaborated in the Explanation Letter.

What kind of masters do you have? Think we are getting to some of the reasons why you were denied that will be in the GCMS notes. It seems as though that this degree makes sense based on the fact that you already have a masters and won't necessarily lead to career advancement.

 

[janesama]

1. Thanks so much. I now realized that in IMM1295 background section 2b, we forgot to tick "Yes" box and explain that she has received these rejections in US visa. No, it was just US visa, other ones (other countries) were all good.

2. Do you mean that I travel alone first and than later she joins me? And what is SWOP? Not sure it might be an option since we thoroughly chosen a country for my studies with a friendly traveling rules so that she might work while I study (a strong benefit vs studying in the US and wife just able studying part-time as my dependent). So only together as a family.

3. Do you think it's good to request GCMS notes first and only then apply? I am afraid of processing times that are challenging now so that I might be late for studies start date.

4. We plan to return as I have a competitive post-MBA job offer at hand. And loan is not an issue since it's not huge and there are much larger loans available (e.g. Prodigy Finance, based in UK) where students obtain this loan and they repay throughout 5-10, etc. years while NOT being in UK where it was basically issued.

Is it important for her to work? You can apply for her to come as a visitor. Btw, were you guys both refused? I didn't get this from the thread

You can order GCMS notes, but they'll cost more since you'll have to order them from an agent. caipsnotes.com is good, I ordered mine from those guys for me and my husband, but you should be patient since it takes 35 days

 

[Naturgrl]

1. Thanks so much. I now realized that in IMM1295 background section 2b, we forgot to tick "Yes" box and explain that she has received these rejections in US visa. No, it was just US visa, other ones (other countries) were all good.

2. Do you mean that I travel alone first and than later she joins me? And what is SWOP? Not sure it might be an option since we thoroughly chosen a country for my studies with a friendly traveling rules so that she might work while I study (a strong benefit vs studying in the US and wife just able studying part-time as my dependent). So only together as a family.

3. Do you think it's good to request GCMS notes first and only then apply? I am afraid of processing times that are challenging now so that I might be late for studies start date.

4. We plan to return as I have a competitive post-MBA job offer at hand. And loan is not an issue since it's not huge and there are much larger loans available (e.g. Prodigy Finance, based in UK) where students obtain this loan and they repay throughout 5-10, etc. years while NOT being in UK where it was basically issued.

Just read that you have a masters. What is it in? Why do you need another in Canada? You need GCMS notes before you apply again because it may mention the fact you have a masters & the need for a Canadian education. Also Ivey is expensive so why go there. Spousal open work permits are never guaranteed as many come to Canada without their spouse’s. If this is an issue you may want to look at different countries to do your MBA. Why not the UK?

 

[dealmonkey]

Thanks everyone. I have requested ATIP through b-school's representative who instructed me on SP/OWP applications. However, I've just been confirmed by Ivey that in case I won't be physically present in Canada at the date of program start (March 5, 2021), I won't be able to attend it. And in this case all my career plans and dreams disappear, not mentioning time and money spend (including deposit paid to the school). And thus I can't wait (given processing times of 12-15 weeks) and I decided to proceed w/o GCMS notes and re-apply again, assuming a key reason was a technical mistake we made, not mentioning my wife's refusals on US visas -- I want to believe this is the major thing. If we address this point, recognize our mistake, etc., does it usually work to "bring back an officer's trust" and overcome this red flag?

Furthermore, it's not important for my wife to work, since we plan that she will (not 100% option, but just an idea) study English language for the first 2-3 months (we mentioned it -- huh, just realized, isn't it a problem -- help me get established + learn English while being on OWP/TVP?) before looking for a job, but already being on OWP. So this time we might consider just a Temporary Visitor, which will pretty much work for us too.

I have Master in Finance. As for reasons studying in Canada, apart from the fact that MBA is done by professionals with 5-8-10+ years of experience, also having Masters in the past, attaching this excerpt from my Explanation Letter:

Having completed a set of achievements throughout my career in my country, I feel that my experience and knowledge are still limited to the domestic level, and that’s why my ambition is to acquire a truly international and diverse experience and learn from other professionals around the world. Hence, I believe that a Master of Business Administration (MBA) degree from a reputable institution will help me achieve the above-mentioned goal. Finally, my choice fell on Canada, one of the most diverse and multicultural countries, and the Ivey Business School at Western University, being one of the strongest in North America and having a one-year MBA program, matches my educational goals and timeline priorities.