SOWP Refused today due to SP Applicant’s DLI, eventhough we sent Notice about Change in DLI through webform and email about a month ago

[maricelpba]

Hello! I just want to share my experience and hopefully get some valuable suggestions on what to do about it.
Aug 31, 2020- My husband (SP applicant) & I (OWP applicant) submitted non-SDS Online Application. Original DLI was a private college.
Sep 8, 2020- received BVL for OWP only, medical passed for both SP & OWP
Dec 2020- requested for GCMS notes
Jan 2021- received GCMS notes. As per the notes, SP applicant’s eligibility passed, refusal to be advised to OWP applicant. Also, refund received for OWP holder fee, but SP & OWP are still in process as per GCKey.
Apr 2 & 12, 2021- Sent Webforms with attached documents notifying IRCC of change in DLI (now public college), intake, & program duration (2 yrs instead of 1)
Apr 6- SP applicant’s original DLI (private college) has become part of the list of DLIs with approved COVID-19 Readiness Plan
Apr 14, 2021- request for SP applicant to redo medical exam (our medicals expired on Mar 2021) reflected in GCKey account
Apr 15, 2021- SP did medicals again.
Apr 19, 2021- sent email with attached documents to Manila Immigration Office notifying them of change in DLI (now public college), intake, & program duration (2 yrs instead of 1), including SP E-Medical Sheet as well in the attachment
May 6- received email response from Manila Immigration, acknowledging the info & docs we sent them and telling us that those are attached to our files. At the same time, SP applicant’s medical exam status changed from “We’ve requested for a medical exam” to “We’re reviewing the results of your medical exam”.
May 17- SOWP application refused, the reason pointed was that the DLI of spouse does not support Spousal OWP & it’s the old DLI that they specified in the refusal letter, not the new one we notified them about through webform & email.
*Up to now, SP application is in progress, medical exam under review.

Now, we’re planning to send webform & email for reconsideration of SOWP refusal. Do you think there’s a good chance for reconsideration? Any advice on what else to do?

 

[Rafaelhag43]

Yes -- you should do that since it's clearly their fault for not acknowledging the new LoA. Make sure to explain thoroughly with evidence. No one knows the chances though.

 

[maricelpba]

Yes -- you should do that since it's clearly their fault for not acknowledging the new LoA. Make sure to explain thoroughly with evidence. No one knows the chances though.

I appreciate your advice.

 

[wonderbly]

I don't think re-consideration will work. From GCMS notes, It seems like the fate of the OWP was decided back in December 2020 already. VOs are not obligated to consider additional documents sent after the completed application was submitted.

Your best bet is to re-apply again. It should be easy, seeing as you already know the reason for refusal is the initial DLI.

 

[Naturgrl]

Yes -- you should do that since it's clearly their fault for not acknowledging the new LoA. Make sure to explain thoroughly with evidence. No one knows the chances though.

Actually that is not true. It clearly states that if you change DLIs, you must submit a new study permit. IRCC was correct as they based their decision on the original DLI. Sending in the new DLI admission via webform did not have to be considered. Once you changed DLIs you should have cancelled your application and submitted a new one.

 

[wonderbly]

Actually that is not true. It clearly states that if you change DLIs, you must submit a new study permit. IRCC was correct as they based their decision on the original DLI. Sending in the new DLI admission via webform did not have to be considered. Once you changed DLIs you should have cancelled your application and submitted a new one.

TBF, IRCC actually says to send the updated DLI via webform, provided they haven't yet made a decision on the application. But this wasn't a decision on the study permit, it was on the SOWP, so that clause doesn't apply. The decision to reject the SOWP was clearly made in January already, followed by a refund of the OWP fees (this should have been an indicator to OP). OP only sent updated DLI info in April!

I doubt they will reconsider the SOWP application as it's already been closed and refund made, unless they ask her to repay the fees? In which case, it's better to make a fresh application.

It will be interesting to see if the SP will be approved against the new DLI, provided the application is successful.

 

[Naturgrl]

TBF, IRCC actually says to send the updated DLI via webform, provided they haven't yet made a decision on the application. But this wasn't a decision on the study permit, it was on the SOWP, so that clause doesn't apply. The decision to reject the SOWP was clearly made in January already, followed by a refund of the OWP fees (this should have been an indicator to OP). OP only sent updated DLI info in April!

I doubt they will reconsider the SOWP application as it's already been closed and refund made, unless they ask her to repay the fees? In which case, it's better to make a fresh application.

It will be interesting to see if the SP will be approved against the new DLI, provided the application is successful.

Ah misread though it was on the study permit. SOWP is closed with refund so it will not be re-opened.

 

[maricelpba]

Thank you everyone for your inputs. Actually, I had already sent my request for reconsideration a day after I got the refusal. I am just not keeping my hopes high. We’ll see what will happen. I’m starting to condition myself for reapplication.